11th Aug 2021, 4:22 PM – Senate Regulations and Determinations - Social Security (Parenting Payment Participation Requirements - Class of Persons) Instrument 2021 - Disallowance

The same number of senators voted for and against the motion, which means it failed. The motion was to stop sections 4 and 6 of the Social Security (Parenting payment participation requirements - class of persons) Instrument 2021 from having legal force. In other words, it would have disallowed those sections.

WA Senator Patrick Dodson (Labor) explained the motion:

If successful, it will have the effect of ending a harmful compulsory requirement for parents of young children to participate in the government's broken ParentsNext program. Under this instrument, the program is currently mandatory for parenting payment recipients who have children under the age of six and meet certain criteria, like age and period of unemployment. It has the worthy goal of helping parents gain the skills needed for employment by the time their youngest child reaches school age. However, as with so many of this government's programs, it has failed grossly in its implementation. Two years after it was rolled out nationally on the back of a very questionable internal evaluation, it has become clear that the ParentsNext program is failing parents, and not only that; it's failing and causing great harm to their children.

Motion text

That sections 4 and 6 of the Social Security (Parenting payment participation requirements - class of persons) Instrument 2021, made under the Social Security Act 1991, be disallowed.

Text of sections 4 and 6

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) income support payment;

(b) parenting payment; and

(c) PP child.

In this instrument:

Act means the Social Security Act 1991.

early school leaver means a person who is under 22 years of age and has not completed the final year of school.

final year of school means final year of secondary school or equivalent level of education.

jobactive employment region means a geographical region in Australia in which employment services were delivered by one or more jobactive employment service providers on 1 December 2020.

work means:

(a) work which generates employment income; or

(b) work where the person carries on a business, and where the most recent information reported to Services Australia in relation to the profitability of the business was that the business was generating a profit.

Note: See the definition of employment income in subsection 8(1) of the Act.

6 Class of persons – Compulsory Participant

(1) For subsection 500(2) of the Act, a person is in a specified class of persons if, on a particular day on or after 1 July 2021, the person:

(a) resides in a jobactive employment region;

(b) has been receiving parenting payment (partnered or single) for a continuous period of at least 6 months immediately prior to the day;

(c) has a youngest PP child who is at least 9 months and under 6 years of age;

(d) has not engaged in work in the 6 month period immediately prior to the day;

(e) is under 55 years of age; and

(f) the person:

(i) is an early school leaver; or

(ii) is at least 22 years of age; and

(a) has not completed the final year of school; and

(b) has been receiving an income support payment, or a combination of income support payments, for a continuous period of at least 2 years immediately prior to the day; or

(iii) has completed the final year of school and has been receiving an income support payment, or a combination of income support payments, for a continuous period of at least 4 years immediately prior to the day.

(2) Despite subsection 6(1), a person will cease to be in this specified class of persons if, the person ceases to meet the requirements of subsection 6(1)(a), 6(1)(c) or 6(1)(e).

Note: For calculation of a continuous period of receipt of income support payments, see section 38B of the Act.