The majority voted against an amendment introduced by WA Senator Rachel Siewert (Greens), which means it failed.

What does this amendment do?

Senator Siewert explained that:

This amendment relates to additional requirements and a cap, and I have a couple of questions relating to this issue. This amendment relates to provisions for avoiding a reduction in or cancellation of a payment by undertaking a requirement and also addresses the cap of seven weeks, during which time a participant payment can be reduced or cancelled.

The eight-week compliance penalty of the old compliance regime had a very significant impact and it happened all at once. So we can appreciate what the government is trying to do in having a one-week suspension, a two-week suspension and a four-week suspension. But by the time you get to a four-week suspension from payments you've already had a three-week non-payment period. By the time you get to four, that's seven. The concern is that somebody could go through a cycle of a number of weeks of suspension. People can be almost as badly off, potentially, as they were under the old regime. We want to apply a cap to this process so it's really clear.

Amendment text

(1) Schedule 15 , item 1 , page 208 (line 3) , after section 42AP , insert:

42APA Secretary may require person to comply with additional requirements

(1) The Secretary may require a person to comply with a requirement during a period in respect of which:

(a) the person’s participation payment is to be cancelled; or

(b) instalments of the person’s participation payment are to be reduced.

(2) Despite any other provision of this Subdivision, if the person complies with the requirement at any time during the period:

(a) the person’s participation payment is not cancelled during that period; and

(b) an instalment of the person’s participation payment is not reduced during that period.

(3) The Minister may, by legislative instrument, make rules specifying the requirements, or the kinds of requirements, that the Secretary may make if:

(a) a person’s participation payment is cancelled; or

(b) instalments of a person’s participation payment are reduced by 50%; or

(c) instalments of a person’s participation payment are reduced by 100%.

(4) For the purposes of subsection (3), the rules may specify different requirements, or different kinds of requirements, in respect of each of the circumstances mentioned in paragraphs (3)(a), (b) and (c).

42APB Cap on periods during which payments may be cancelled or instalments reduced

A person’s participation payment must not be cancelled and instalments of the person’s participation payment must not be reduced in any continuous 6 month period if, for at least 7 weeks of that period, the person’s participation payment has been cancelled or instalments of that payment have been reduced.

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives Absent
Australian Greens (100% turnout) 9 Yes 0 No
Andrew Bartlett Queensland Yes
Richard Di Natale Victoria Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Lee Rhiannon NSW Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Jordon Steele-John WA Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (76% turnout) 19 Yes 0 No
Catryna Bilyk Tasmania Yes
Kim Carr Victoria Yes
Anthony Chisholm Queensland Yes
Jacinta Collins Victoria Yes
Patrick Dodson WA Yes
Alex Gallacher SA Yes
Kristina Keneally NSW Yes
Kimberley Kitching Victoria Yes
Gavin Marshall Victoria Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Claire Moore Queensland Yes
Deborah O'Neill NSW Yes
Helen Polley Tasmania Yes
Louise Pratt WA Yes
Lisa Singh Tasmania Yes
Glenn Sterle WA Yes
Anne Urquhart Tasmania Yes
Murray Watt Queensland Yes
Carol Brown Tasmania Absent
Doug Cameron NSW Absent
Don Farrell SA Absent
Katy Gallagher ACT Absent
Chris Ketter Queensland Absent
Penny Wong SA Absent
Nigel Scullion NT Country Liberal Party No
Derryn Hinch Victoria Derryn Hinch's Justice Party No
Sue Lines WA Deputy President Yes
Tim Storer SA Independent Yes
Fraser Anning Queensland Independent No
Lucy Gichuhi SA Independent No
Steve Martin Tasmania Independent Absent
David Leyonhjelm NSW Liberal Democratic Party No
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (77% turnout) 0 Yes 17 No
Eric Abetz Tasmania No
Simon Birmingham SA No
Slade Brockman WA No
David Bushby Tasmania No
Michaelia Cash WA No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Jane Hume Victoria No
Ian Macdonald Queensland No
James Paterson Victoria No
Marise Payne NSW No
Linda Reynolds WA No
Anne Ruston SA No
Zed Seselja ACT No
Mathias Cormann WA Absent
Lucy Gichuhi SA Absent
Jim Molan NSW Absent
Arthur Sinodinos NSW Absent
Dean Smith WA Absent
National Party (100% turnout) 0 Yes 3 No
Bridget McKenzie Victoria No
Barry O'Sullivan Queensland No
John Williams NSW No
Nick Xenophon Team (100% turnout) 0 Yes 2 No
Stirling Griff SA No
Rex Patrick SA No
Pauline Hanson's One Nation Party (100% turnout) 0 Yes 3 No
Brian Burston NSW No
Peter Georgiou WA No
Pauline Hanson Queensland No
Scott Ryan Victoria President No
Totals (84% turnout) 30 Yes – 33 No