Summary

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The majority voted in favour of a motion:

That subsections 8(3) to 8(8) of the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023, made under the Social Security Act 1991, be disallowed [F2023L00188].

This means the instrument would remain as part of the law.

Victorian Senator Janet Rice (Greens), who introduced this motion, explained that:

The regulation that we are attempting to disallow parts of today sets up the rules as to who can access the disability support pension. They're the rules by which you are assessed on whether or not you are sufficiently disabled, so they are core in determining who does and doesn't get access to the DSP. This is so critical to people who have disabilities in Australia today because if people with disabilities are rejected from access to the disability support pension, then they are left languishing on JobSeeker, which—as we know and as we heard yesterday—provides a completely inadequate income, has punitive mutual obligations and carries with it the presumption that people are capable of undertaking full-time, or close to full-time, work. This results in a constant cycle of people having to prove that they're not well enough to undertake full-time or part-time work and people constantly having to be exempted from their mutual obligations. It is an absolute continuation of hoops and barriers being put in people's way.

Votes Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (82% turnout) 9 Yes 0 No
Dorinda Cox WA Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Barbara Pocock SA Yes
Janet Rice Victoria Yes
David Shoebridge NSW Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Penny Allman-Payne Queensland Absent
Jordon Steele-John WA Absent
Australian Labor Party (76% turnout) 0 Yes 19 No
Tim Ayres NSW No
Carol Brown Tasmania No
Anthony Chisholm Queensland No
Raff Ciccone Victoria No
Don Farrell SA No
Nita Green Queensland No
Karen Grogan SA No
Jenny McAllister NSW No
Deborah O'Neill NSW No
Fatima Payman WA No
Helen Polley Tasmania No
Louise Pratt WA No
Tony Sheldon NSW No
Marielle Smith SA No
Glenn Sterle WA No
Jana Stewart Victoria No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Linda White Victoria No
Catryna Bilyk Tasmania Absent
Patrick Dodson WA Absent
Katy Gallagher ACT Absent
Malarndirri McCarthy NT Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Absent
Andrew McLachlan SA Deputy President Absent
David Pocock ACT Independent No
Lidia Thorpe Victoria Independent Absent
David Van Victoria Independent Absent
Jacqui Lambie Network (50% turnout) 0 Yes 1 No
Tammy Tyrrell Tasmania No
Jacqui Lambie Tasmania Absent
Liberal National Party (0% turnout) Absent
Matthew Canavan Queensland Absent
James McGrath Queensland Absent
Liberal Party (13% turnout) 0 Yes 3 No
Sarah Henderson Victoria No
Kerrynne Liddle SA No
Matt O'Sullivan WA No
Alex Antic SA Absent
Wendy Askew Tasmania Absent
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Slade Brockman WA Absent
Michaelia Cash WA Absent
Claire Chandler Tasmania Absent
Richard Colbeck Tasmania Absent
Jonathon Duniam Tasmania Absent
David Fawcett SA Absent
Hollie Hughes NSW Absent
Jane Hume Victoria Absent
Maria Kovacic NSW Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
Gerard Rennick Queensland Absent
Linda Reynolds WA Absent
Anne Ruston SA Absent
Paul Scarr Queensland Absent
Dean Smith WA Absent
National Party (25% turnout) 0 Yes 1 No
Ross Cadell NSW No
Perin Davey NSW Absent
Susan McDonald Queensland Absent
Bridget McKenzie Victoria Absent
Pauline Hanson's One Nation Party (0% turnout) Absent
Pauline Hanson Queensland Absent
Malcolm Roberts Queensland Absent
Sue Lines WA President No
Ralph Babet Victoria United Australia Party Absent
Totals (46% turnout) 9 Yes – 26 No