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senate vote 2018-03-19#7
Edited by
mackay staff
on
2023-07-14 12:29:37
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Title
Description
-
The majority voted in favour of keeping the following parts of the bill unchanged: - The majority voted in favour of keeping the following parts of the bill unchanged:
-
- * schedules 3, 4 and 9 to 14
- * subsection 42AI(3) in item 1 of schedule 15, and
- * schedule 17.
- In parliamentary jargon, they voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2018-03-19.262.1) that those parts stand as printed.
- ### What is schedule 3?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 3—Cessation of Wife Pension*
- >
- > *Quick guide to Schedule 3*
- >
- >> *Wife pension is a non-activity tested income support payment paid at Age Pension rates to female partners of Age Pensioners or Disability Support Pensioners who are not eligible for a pension in their own right.*
- >>
- >> *The amendments in Schedule 3 operate to cease the payment entirely. Transitional amendments will allow women who cease receiving Wife Pension to receive an alternative payment, where available.*
- ### What is schedule 4?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 4—Cessation of Bereavement Allowance*
- >
- > *Quick guide to Schedule 4*
- >
- >> *The amendments in Schedule 4 operate so that a person who is qualified for Youth Allowance or Jobseeker Payment will be able to receive a one-off, higher payment if their partner dies, in addition to their regular fortnightly payments.*
- >>
- >> *In addition newly bereaved claimants for Youth Allowance or Jobseeker Payment will be entitled to certain exemptions from existing waiting period requirements.*
- ### What is schedule 9?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 9—Changes to activity tests for persons aged 55–59*
- >
- > *Quick guide to Schedule 9*
- >
- >> *The amendments in Schedule 9 impose a new activity test on Newstart Allowance and certain Special Benefit recipients aged between 55 and 59.*
- >>
- >> *Under the new test the relevant recipients will satisfy the activity test if they are engaged, for at least 30 hours per fortnight, in a combination of approved unpaid voluntary work or suitable paid work, at least 15 hours of which must be suitable paid work.*
- ### What is schedule 10?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 10—Start day for some participation payments*
- >
- > *Quick guide to Schedule 10*
- >
- >> *The measures in Schedule 10 to the Bill provide for the start day for Youth Allowance (other) and Newstart Allowance payments to be the day the applicant attends their initial appointment with their employment services provider (unless an appointment is not able to be scheduled within two business days), rather than the date on which the claim for payment was made.*
- ### What is schedule 11?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 11—Removal of Intent to Claim provisions*
- >
- > *Quick guide to Schedule 11*
- >
- >> *Schedule 11 amends the SSA Act by removing the current deemed claim provisions that allow a claimant to receive payments from the date on which they initially contacted the Department of Human Services.*
- >>
- >> *The rationale for the amendments is that the deeming provisions were introduced at a time when claim forms were mailed to claimants, completed and then returned to Centrelink by mail. With the progressive rollout of online claiming, these provisions are no longer necessary.*
- ### What is schedule 12?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 12—Establishment of a drug testing trial*
- >
- > *Quick guide to Schedule 12*
- >
- >> *The measures in Schedule 12 to the Bill provide for a two-year trial in three regions involving mandatory drug testing for 5,000 new recipients of Newstart Allowance and Youth Allowance (other).*
- ### What is schedule 13?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 13—Removal of exemptions for drug or alcohol dependence*
- >
- > *Quick guide to Schedule 13*
- >
- >> *The amendments in Schedule 13:*
- >>
- >> * *establish a new category of income support recipient—being a declared program recipient—that is, someone who is a participant in an employment services program specified in a determination (an alcohol and/or other drug treatment program) and*
- >> * *removing exemptions from the mutual obligation requirements where the reason for the exemption is wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the job seeker is a participant in an employment services program to be specified in a determination—that is, an alcohol and/or other drug treatment program.*
- ### What is schedule 14?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 14—Changes to reasonable excuses*
- >
- > *Quick guide to Schedule 14*
- >
- >> *Schedule 14 amends the Social Security (Administration) Act 1999 to enable the Secretary to determine by legislative instrument matters that he, or she, must not take into account in deciding whether or not a job seeker has a reasonable excuse for committing a compliance failure.*
- ### What is subsection 42AI(3) in item 1 of schedule 15?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Proposed Sections 42AI and 42AJ set out the reasonable excuse arrangements that apply to the new compliance failures. Proposed Section 42AI stipulates that the Secretary must by legislative instrument determine the matters that must be taken into account and not taken into account in deciding whether a job seeker has a reasonable excuse for committing a mutual obligation or work refusal failure.*
- ### What is schedule 17?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 17—Information management*
- >
- > *Quick guide to Schedule 17*
- >
- > *The amendments in Schedule 17 relate to the information gathering and protection provisions in the family assistance law, PPL Act, social security law and Student Assistance Act. They aim to:*
- >
- > * *allow information or documents obtained about a person under the coercive information gathering provisions in the course of an administrative action, to be used in subsequent investigation and prosecution of criminal offences and*
> * *insert limited abrogation of the privilege against self-incrimination provisions.*- > * *insert limited abrogation of the privilege against self-incrimination provisions.*
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senate vote 2018-03-19#7
Edited by
mackay staff
on
2023-07-14 12:29:06
|
Title
Bills — Social Services Legislation Amendment (Welfare Reform) Bill 2017; in Committee- Social Services Legislation Amendment (Welfare Reform) Bill 2017 - in Committee - Keep schedules unchanged
Description
<p class="speaker">Mathias Cormann</p><p>I believe that you called the outcome for the government even though the vote was 31-31, I believe. We don't believe that 31-31 is a reflection of the true will of the chamber. Two senators were absent, namely Senators Georgiou and Burston, who are now here. I would ask for the vote to be recommitted, consistent with the convention, and for Senators Georgiou and Burston to be given an opportunity to explain why they missed the division.</p>-
- The majority voted in favour of keeping the following parts of the bill unchanged:
- * schedules 3, 4 and 9 to 14
- * subsection 42AI(3) in item 1 of schedule 15, and
- * schedule 17.
- In parliamentary jargon, they voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2018-03-19.262.1) that those parts stand as printed.
- ### What is schedule 3?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 3—Cessation of Wife Pension*
- >
- > *Quick guide to Schedule 3*
- >
- >> *Wife pension is a non-activity tested income support payment paid at Age Pension rates to female partners of Age Pensioners or Disability Support Pensioners who are not eligible for a pension in their own right.*
- >>
- >> *The amendments in Schedule 3 operate to cease the payment entirely. Transitional amendments will allow women who cease receiving Wife Pension to receive an alternative payment, where available.*
- ### What is schedule 4?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 4—Cessation of Bereavement Allowance*
- >
- > *Quick guide to Schedule 4*
- >
- >> *The amendments in Schedule 4 operate so that a person who is qualified for Youth Allowance or Jobseeker Payment will be able to receive a one-off, higher payment if their partner dies, in addition to their regular fortnightly payments.*
- >>
- >> *In addition newly bereaved claimants for Youth Allowance or Jobseeker Payment will be entitled to certain exemptions from existing waiting period requirements.*
- ### What is schedule 9?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 9—Changes to activity tests for persons aged 55–59*
- >
- > *Quick guide to Schedule 9*
- >
- >> *The amendments in Schedule 9 impose a new activity test on Newstart Allowance and certain Special Benefit recipients aged between 55 and 59.*
- >>
- >> *Under the new test the relevant recipients will satisfy the activity test if they are engaged, for at least 30 hours per fortnight, in a combination of approved unpaid voluntary work or suitable paid work, at least 15 hours of which must be suitable paid work.*
- ### What is schedule 10?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 10—Start day for some participation payments*
- >
- > *Quick guide to Schedule 10*
- >
- >> *The measures in Schedule 10 to the Bill provide for the start day for Youth Allowance (other) and Newstart Allowance payments to be the day the applicant attends their initial appointment with their employment services provider (unless an appointment is not able to be scheduled within two business days), rather than the date on which the claim for payment was made.*
- ### What is schedule 11?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 11—Removal of Intent to Claim provisions*
- >
- > *Quick guide to Schedule 11*
- >
- >> *Schedule 11 amends the SSA Act by removing the current deemed claim provisions that allow a claimant to receive payments from the date on which they initially contacted the Department of Human Services.*
- >>
- >> *The rationale for the amendments is that the deeming provisions were introduced at a time when claim forms were mailed to claimants, completed and then returned to Centrelink by mail. With the progressive rollout of online claiming, these provisions are no longer necessary.*
- ### What is schedule 12?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 12—Establishment of a drug testing trial*
- >
- > *Quick guide to Schedule 12*
- >
- >> *The measures in Schedule 12 to the Bill provide for a two-year trial in three regions involving mandatory drug testing for 5,000 new recipients of Newstart Allowance and Youth Allowance (other).*
- ### What is schedule 13?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 13—Removal of exemptions for drug or alcohol dependence*
- >
- > *Quick guide to Schedule 13*
- >
- >> *The amendments in Schedule 13:*
- >>
- >> * *establish a new category of income support recipient—being a declared program recipient—that is, someone who is a participant in an employment services program specified in a determination (an alcohol and/or other drug treatment program) and*
- >> * *removing exemptions from the mutual obligation requirements where the reason for the exemption is wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the job seeker is a participant in an employment services program to be specified in a determination—that is, an alcohol and/or other drug treatment program.*
- ### What is schedule 14?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 14—Changes to reasonable excuses*
- >
- > *Quick guide to Schedule 14*
- >
- >> *Schedule 14 amends the Social Security (Administration) Act 1999 to enable the Secretary to determine by legislative instrument matters that he, or she, must not take into account in deciding whether or not a job seeker has a reasonable excuse for committing a compliance failure.*
- ### What is subsection 42AI(3) in item 1 of schedule 15?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Proposed Sections 42AI and 42AJ set out the reasonable excuse arrangements that apply to the new compliance failures. Proposed Section 42AI stipulates that the Secretary must by legislative instrument determine the matters that must be taken into account and not taken into account in deciding whether a job seeker has a reasonable excuse for committing a mutual obligation or work refusal failure.*
- ### What is schedule 17?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032):
- > *Schedule 17—Information management*
- >
- > *Quick guide to Schedule 17*
- >
- > *The amendments in Schedule 17 relate to the information gathering and protection provisions in the family assistance law, PPL Act, social security law and Student Assistance Act. They aim to:*
- >
- > * *allow information or documents obtained about a person under the coercive information gathering provisions in the course of an administrative action, to be used in subsequent investigation and prosecution of criminal offences and*
- > * *insert limited abrogation of the privilege against self-incrimination provisions.*
<p class="speaker">Penny Wong</p><p>It is the case there is a convention around recommittal. The expectation would be that there would be an explanation to the chamber as to the reasons for nonattendance and an indication as to voting positions such that the will of the chamber would have been different had the senators actually been present, so we await that.</p> <p class="speaker">Brian Burston</p><p>I was inadvertently detained. I would have voted on the government's side on these amendments and I apologise to the Senate for that delay. I just missed the doors when they were locked.</p> <p class="speaker">Peter Georgiou</p><p>Sorry I missed the vote. I was in the bathroom after dinner. By the time I got out and came down here, I was locked out. I'll be voting with the government.</p> <p class="speaker">Jacinta Collins</p><p>There's one important issue that needs to be addressed in this consideration, given we are relying—</p> <p class="speaker">Eric Abetz</p><p>Are you seeking leave or what?</p> <p class="speaker">Penny Wong</p><p>Come on! You're seeking a recommittal and you're going to jack up about—</p> <p class="speaker">Kim Carr</p><p>And he's not in his seat.</p> <p class="speaker">Jacinta Collins</p><p>Yes, Senator Abetz, you might like to return to your seat if you want to interject in that fashion.</p><p>The CHAIR: Through the chair, thank you.</p><p>If we are going to rely on convention in relation to these issues, there is one issue that should also be addressed at this time, and that is the concern that senators sought to pair on the floor of the chamber to address the problems associated with two senators not being present for this vote. I think the difficulty with the pairing conventions needs to be highlighted as well. You cannot seek a pair on the floor by virtue of a senator being absent through misadventure. We've heard some explanations. I'm not sure the misadventures on this occasion equate anywhere near the misadventures that I've heard about in my 20 years in this place, but we need to address the issue that pairing is not an option to deal with matters of this type.</p> <p class="speaker">Mathias Cormann</p><p>There clearly was a level of confusion, including a call by the chair that this was actually a vote that was carried in favour of the government. So I think that the best course of action is to clarify the true will of the Senate. In relation to the pairing arrangement, Senator Hanson was in the chamber and, as the leader of the One Nation party in the Senate, was able to give an indication of the intentions of Senators Burston and Georgiou and how they—</p> <p class="speaker">Honourable Senators</p><p>Honourable senators interjecting—</p> <p class="speaker">Mathias Cormann</p><p>Pairing arrangements work in all directions in this chamber.</p> <p class="speaker">Jacinta Collins</p><p>You can't do that on the floor, Mathias, and you know that.</p> <p class="speaker">Mathias Cormann</p><p>Let me tell you: over the 11 years that I've been here there has been a precedent for this happening in all directions, and there was a clear indication from the leader of the One Nation party, Senator Hanson, as to the intention. In any event, I think it is very clear that the vote as it was recorded does not reflect the will of the Senate and it ought to be addressed, consistent with the usual conventions.</p> <p class="speaker">Penny Wong</p><p>I don't want to have a long discussion about pairing arrangements. I will just note that it is much better to deal with these matters in the usual fashion—with notice and discussion between parties—than it is to deal with an inadvertent attendance. In this context, the appropriate course of action is the one that the Leader of the Government has taken, which is to seek a recommittal, which the opposition, in the circumstances, will be supporting.</p><p>The CHAIR: So the question is that the vote be recommitted.</p><p>Question agreed to.</p><p>The CHAIR: The question is that schedules 3, 4 and 9 to 14; subsection 42AI(3) in item 1 of schedule 15; and schedule 17 stand as printed.</p> -
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