|
senate vote 2018-03-19#8
Edited by
mackay staff
on
2023-07-14 12:07:46
|
Title
Description
<p class="speaker">David Leyonhjelm</p><p>by leave—I move amendments (2) to (13) and (15) to (35) on sheet 8393 together:</p><p class="italic"> (2) Schedule 13, item 3, page 189 (lines 29 and 30), omit ", unless the person is a declared program participant".</p><p class="italic"> (3) Schedule 13, item 4, page 190 (line 5), omit ", unless the person is a declared program participant".</p><p class="italic"> (4) Schedule 13, item 5, page 190 (line 9), omit ", unless the person is a declared program participant".</p><p class="italic"> (5) Schedule 13, item 6, page 190 (lines 14 and 15), omit ", unless the person is a declared program participant".</p><p class="italic">(6) Schedule 13, item 7, page 190 (lines 20 and 21), omit ", unless the person is a declared program participant, a new apprentice or undertaking full-time study".</p><p class="italic">(7) Schedule 13, item 8, page 190 (lines 26 and 27), omit ", unless the person is a declared program participant, a new apprentice or undertaking full-time study".</p><p class="italic">(8) Schedule 13, item 9, page 191 (line 3), omit ", unless the person is a declared program participant".</p><p class="italic">2 (9) Schedule 13, item 10, page 191 (lines 8 and 9), omit ", unless the person is a declared program participant".</p><p class="italic">(10) Schedule 13, item 11, page 191 (line 14), omit ", unless the person is a declared program participant".</p><p class="italic">(11) Schedule 13, item 12, page 191 (lines 19 and 20), omit ", unless the person is a declared program participant".</p><p class="italic">(12) Schedule 15, item 1, page 194 (lines 7 and 8), omit ": persons other than declared program participants".</p><p class="italic">(13) Schedule 15, item 1, page 194 (line 12), omit "(other than declared program participants)".</p><p class="italic">(15) Schedule 15, item 2, page 210 (line 4), omit "Divisions 3AA and 3A", substitute "Division 3AA".</p><p class="italic">(16) Schedule 15, items 3 and 4, page 210 (lines 6 to 21), omit the items, substitute:</p><p class="italic">3 Subsection 23(1) (paragraph (a) of the definition of <i>compliance penalty period</i> )</p><p class="italic">Repeal the paragraph, substitute:</p><p class="italic">(a) any of the following periods during which a participation payment (within the meaning of the Administration Act) is not payable to the person:</p><p class="italic">  (i) a payment suspension period (within the meaning of that Act);</p><p class="italic">  (ii) an unemployment preclusion period (within the meaning of that Act);</p><p class="italic">  (iii<i>)</i>a post-cancellation non-payment period (within the meaning of that Act); or</p><p class="italic">(17) Schedule 15, item 5, page 210 (lines 22 to 24), omit the item.</p><p class="italic">(18) Schedule 15, items 6 to 12, page 210 (line 25) to page 212 (line 18), omit the items, substitute:</p><p class="italic">6 Section 549G (note)</p><p class="italic">Omit "3A", substitute "3AA".</p><p class="italic">7 Section 550E (note)</p><p class="italic">Omit "3A", substitute "3AA".</p><p class="italic">8 Paragraph 729(2 ) ( bd)</p><p class="italic">Omit all the words after "payable", substitute:</p><p class="italic">because of the operation of any of the following provisions of the Administration Act:</p><p class="italic">  (i) subsection 42AL(1) (payment suspension periods);</p><p class="italic">  (ii) subsection 42AO(1) (unemployment preclusion periods);</p><p class="italic">  (iii) subsection 42AP(5) (post-cancellation non-payment periods); and</p><p class="italic">9 Subparagraphs 729(2 ) ( d ) ( i) and (ii)</p><p class="italic">Repeal the subparagraphs, substitute:</p><p class="italic">  (i) subsection 42AL(1) of the Administration Act (payment suspension periods);</p><p class="italic">  (ii) subsection 42AO(1) of that Act (unemployment preclusion periods); (iia) subsection 42AP(5) of that Act (post-cancellation non-payment periods);</p><p class="italic">10 Subparagraph 729(2 ) ( dc ) ( iii)</p><p class="italic">Repeal the subparagraph, substitute:</p><p class="italic">  (iii) subsection 42AL(1) of the Administration Act (payment suspension periods); or</p><p class="italic">  (iv) subsection 42AO(1) of that Act (unemployment preclusion periods); or</p><p class="italic">  (v) subsection 42AP(5) of that Act (post-cancellation non-payment periods); or (viii) section 81 of that Act; and</p><p class="italic">11 Subparagraphs 1046(2 ) ( b ) ( i) and (ii)</p><p class="italic">Omit "42P(1) or 42S(1) or section 81", substitute "42AL(1), 42AO(1), 42AP(5), or section 81,".</p><p class="italic">12 Subparagraphs 1046(2B ) ( b ) ( i), (ii) and (iia)</p><p class="italic">Omit "42P(1) or 42S(1) or section 81", substitute "42AL(1), 42AO(1), 42AP(5), or section 81,".</p><p class="italic">(19) Schedule 15, items 13 to 15, page 212 (line 20) to page 214 (line 6), omit the items, substitute:</p><p class="italic">13 Division 3A of Part 3</p><p class="italic">Repeal the Division.</p><p class="italic"> (20 <i>)</i> Schedule 15, item 18, page 214 (line 15), omit "for persons who are not declared program participants".</p><p class="italic">(21) Schedule 15, items 19 to 21, page 214 (lines 16 to 24), omit the items.</p><p class="italic"> (22) Schedule 15, item 25, page 215 (lines 8 and 9), omit ": persons other than declared program participants".</p><p class="italic">(23) Schedule 15, item 27, page 215 (lines 16 and 17), omit ": persons other than declared program participants".</p><p class="italic">(24) Schedule 15, item 28, page 215 (lines 18 and 19), omit the item, substitute:</p><p class="italic">28 Paragraph 192(daa)</p><p class="italic">Omit "3A", substitute "3AA".</p><p class="italic">(25) Schedule 15, item 32, page 216 (lines 18 to 25), omit all the words from and including "subject is" to the end of subclause 5(1B) of Schedule 2, substitute:</p><p class="italic">subject is:</p><p class="italic">(a) a payment suspension period; or</p><p class="italic">(b) an unemployment preclusion period; or</p><p class="italic">(c) a post-cancellation non-payment period.</p><p class="italic">(26) Schedule 15, item 35, page 217 (lines 10 and 11), omit ": persons other than declared program participants".</p><p class="italic">(27) Schedule 15, item 35, page 217 (line 16), omit ", being a declared program participant,".</p><p class="italic">(28) Schedule 15, item 35, page 217 (line 17), omit "failure; or", substitute "failure; and".</p><p class="italic">(29) Schedule 15, item 35, page 217 (lines 18 to 22), omit subparagraph 5A(c) (iv) of Schedule 2.</p><p class="italic">(30) Schedule 15, item 37, page 218 (lines 2 to 4), omit all the words from and including "serious</p><p class="italic">failure" to the end of subclause 5A(2) of Schedule 2, substitute "serious failure period.".</p><p class="italic">(31) Schedule 15, item 39, page 219 (lines 6 and 7), omit "by a person who is not a declared program participant".</p><p class="italic">(32) Schedule 15, item 40, page 219 (lines 10 to 14), omit subitem (1).</p><p class="italic">(33) Schedule 15, heading to subitem 40(2), page 219 (lines 15 and 16), omit the heading.</p><p class="italic">(34) Schedule 15, item 40, page 219 (line 18), omit "who is not a declared program participant".</p><p class="italic">(35) Schedule 15, item 40, page 219 (line 25), omit "who is not a declared program participant".</p><p>I also oppose schedules 13 and 15 in the following terms:</p><p class="italic">(1) Schedule 13, items 1 and 2, page 189 (lines 5 to 24), to be opposed.</p><p class="italic">(14) Schedule 15, item 1, page 195 (lines 18 to 20), section 42AB to be opposed.</p><p>The government is removing drug and alcohol abuse as an excuse for noncompliance with welfare rules. However, the government is allowing this excuse to continue for certain recipients of apprenticeship and student payments and for recipients of payments under the Community Development Program. The great majority of welfare recipients under the Community Development Program are Aboriginal, so the government is of the view that Aboriginal Australians, unlike other Australians, should be allowed to drink themselves to death while remaining on welfare. Why? Is alcohol and drug abuse good for Aborigines but bad for other Australians? Do Aborigines have an inalienable right to alcohol and drug abuse as a sacred natural tenet that other Australians do not?</p><p>I think not. I think this is more about political correctness. Political correctness requires that welfare for Aborigines doesn't change until self-appointed Aboriginal leaders unanimously agree to changes. Those with expertise in living well, getting a job and becoming prosperous have no say and neither do taxpayers in general. Political correctness also requires that, when we see Aboriginal welfare recipients abusing drugs and alcohol, the appropriate response is hand-wringing and self-flagellation. In contrast, when we see other welfare recipients abusing drugs and alcohol, we can be clear-headed enough to consider responses that put obligations on the welfare recipients, rather than treat them all like hopeless cases.</p><p>The government's exception that allows Aboriginal welfare recipients to drink themselves to death while remaining on welfare is racism. It is the prejudice of low expectations. Items 1 to 11 of my amendments remove the exception so that no welfare recipients can use drug and alcohol abuse as an excuse for noncompliance with welfare rules. I understand that some senators support the removal of drug and alcohol abuse as an excuse for noncompliance, while others do not. I urge both groups of senators to support my amendments. Either all welfare recipients should be allowed to use drug and alcohol abuse as an excuse, or none should.</p><p>The remainder of my amendments relate to the government's new penalty regime. This new regime will apply to all welfare recipients except recipients of payments under the Community Development Program. My amendments would remove this exception so that all welfare recipients are subject to the same penalty regime for noncompliance with welfare rules. The new penalty regime involves more frequent suspension of payments, more frequent loss of payments and less discretion for bureaucrats to waive these rules. Whether or not you support these tougher penalties, I urge senators to support my amendments. Either all welfare recipients should face the tough new penalty regime, or none should. I commend my amendments to the chamber.</p> <p class="speaker">Michaelia Cash</p><p>Thank you, Senator Leyonhjelm, for moving those amendments. The government will be opposing them. The government recognises that more can be done to build on the success of the Community Development Program. A tailored approach is required in remote Australia to respond to the unique challenges in remote communities, including weaker labour markets, fewer job opportunities and often difficult social conditions. Furthermore, access to the alcohol and drug services that would be required to complement the changes to drug and alcohol exemptions needs to be assessed and improved before it is introduced into remote areas.</p><p>The government is consulting on what a new remote employment and participation framework should look like. Discussions with communities, providers and other stakeholders has been underway over the last nine months, with a formal discussion paper released in 2017. It is important that any changes to CDP are considered through this separate process, looking at the model as a whole and continuing to focus on engaging with remote jobseekers and supporting them into jobs. Therefore, CDP is excluded from the following changes included in the Social Services Legislation Amendment (Welfare Reform) Bill 2017: the new targeted compliance framework, the tightening of exemptions and the tightening of reasonable excuses for noncompliance due to drug or alcohol misuse. The CDP will operate under existing arrangements until a new model is implemented.</p> <p class="speaker">Rachel Siewert</p><p>I'm just indicating that the Greens won't be supporting these amendments. Those on CDP have a hard enough time at the moment, as it is, without forcing more compliance regime measures on them. The program needs urgent reform. We saw the latest list of penalties applied to those in remote communities. So my advice to Senator Leyonhjelm would be: join us in calling on the government to change CDP. That is a completely separate program for Aboriginal people that is disproportionately impacting on a section of our community and causing huge detrimental impacts. So, no, we won't be supporting these amendments that have the potential to cause even further harm to those people who are stuck on CDP.</p> <p class="speaker">Louise Pratt</p><p>The Labor opposition do not support these amendments either. Therefore, we will be voting yes to ensure that these amendments don't get up.</p><p>The CHAIR: The question is that items 1 and 2 on schedule 13 and section 42AB in item 1 of schedule 15 stand as printed.</p> -
- The majority voted in favour of keeping items 1 and 2 on schedule 13 and section 42AB in item 1 of schedule 15 unchanged. In parliamentary jargon, they voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2018-03-19.267.1) "*that items 1 and 2 on schedule 13 and section 42AB in item 1 of schedule 15 stand as printed.*"
- ### Items 1 and 2 on schedule 13
- According to the bills digest:
- > *Item 1 in Schedule 13 to the Bill inserts the definition of a declared program participant into the dictionary at subsection 23(1) of the SS Act. According to this definition, a declared program participant is a participant in an employment services program specified in a determination made under section 28C of the SS Act.*
- >
- > *Item 2 inserts proposed section 28C into the SS Act to allow the Secretary to make a determination, by legislative instrument, in relation to participants in a specified employment services program.*
- ### Section 42AB in item 1 of schedule 15
- [Text of section 42AB](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr5927_first-reps%2F0015;query=Id%3A%22legislation%2Fbills%2Fr5927_first-reps%2F0000%22;rec=0):
- > *42AB Division not to apply to declared program participants*
- >
- > *This Division applies in relation to a person if the person is not a declared program participant.*
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd032#_ftnref213), a declared program participant is:
- > *a new category of income support 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)*
-
-
|