House debates

Wednesday, 4 February 2009

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2008

Second Reading

11:09 am

Photo of Jill HallJill Hall (Shortland, Australian Labor Party) Share this | Hansard source

The Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2008 makes minor amendments to the social security and the family assistance law to improve the operation and effectiveness of the Social Security Appeals Tribunal. Whilst these amendments are minor in nature, I think that they are quite significant and that they will improve the way the Social Security Appeals Tribunal will operate. They will update some of the legislation that I will talk about a little bit later. The bill also makes technical amendments to several acts, primarily the social security law, to repeal references to redundant payments—and I will talk about that at length in a moment—or to repealed provisions, to correct cross-references, to correct misdescribed amendments and to address similar matters.

This bill, as the previous speaker noted, will allow Centrelink to make oral submissions to SSAT hearings. I think this will improve the way the SSAT operates. It will allow Centrelink to elaborate on the reasons for their decisions. It will also ensure that we get a more balanced response. I think the SSAT plays a very important role. Any member of parliament who meets with their constituents regularly will know just how important is the ability to review and to make a merit based appeal to a statutory body that is at arm’s length from Centrelink, because invariably many of those reviews will result in the original decision being determined differently. It is important that the SSAT be able to operate as effectively and efficiently as possible, because that benefits all parties. The amendments allow the SSAT to give oral reasons on a case-by-case basis. They also allow the SSAT members to be appointed for a period of up to five years. That is consistent with government policy and is a very prudent reform. All of that is in schedule 1.

In schedule 2 there are two technical amendments to the Social Security Act. The bill repeals redundant references to the disability wage supplement and to the rehabilitation allowance, which are no longer paid under the social security law. The rehabilitation allowance was phased out in 1991, when a disability reform package was introduced. At that particular time I was working in an area where a number of my clients were in receipt of the rehabilitation allowance. It was in fact identical to the disability support pension as to the benefit that was paid and as to the way that it operated. At that time a number of my clients moved to the disability support pension or remained on the rehabilitation allowance. There would be no reason why a person should still be on a rehabilitation allowance some 18 years later, because it related to a person undertaking a rehabilitation program. It was a very structured program. There could be a formal training program. There could be an on-the-job training program. The rehabilitation allowance was provided to a person specifically for that reason. Since that time people have been on Newstart. Special provisions were put in place at the time of the disability reform package being introduced in 1991. That disability reform package did benefit people with disabilities because it had a holistic approach to helping those people enter the workforce. Unfortunately, under the previous government that became very fragmented and it was very difficult for people with disabilities to actually re-enter the workforce.

One pleasing aspect is that there has been an increase in the number of people with disabilities moving into the workforce. I congratulate the government, especially the Minister for Employment and Workplace Relations, Minister Gillard. The government has looked at what happened back in 1991, has looked at the changes that the previous government made and has been determined to ensure that people with disabilities find employment. Given the fact that we are moving into a time of economic uncertainty, it is going to be even harder for people who have disabilities to obtain employment.

This legislation phases out that rehabilitation allowance and brings it in line with the rates of disability allowance under the current legislation, with an additional supplement. It also makes three technical amendments. It repeals redundant provisions, headings and references, repeals provisions to correct cross-references and corrects misdescribed amendments to the Aboriginal and Torres Strait Islander Act 2005, the Native Title Amendment (Technical Amendments) Act 2007, the Social Security Act and the Social Security (Administration) Act.

This legislation brings Centrelink deliberations into line with child support deliberations, where parties have the right to give oral submissions. It is a very sensible amendment, one that I am pleased to see the opposition support—unlike their decision today to oppose the economic stimulus package, which stands to benefit millions of Australians. Their decision will jeopardise the economic security of Australia and I feel that the opposition really need to revisit the decision they made today in their party room. The opposition need to look at the impact of their decision to deny Australians the package, which has been well thought out and worked through by the government. I feel that the opposition will stand condemned if the legislation does not pass through the Senate, as it will have enormous impact in Australia.

I conclude my comments in relation to this legislation by saying that I support it wholeheartedly. It brings the legislation into line, gets rid of redundant aspects of previous legislation and brings the Centrelink component when the Social Security Appeals Tribunal looks at cases into line with the child support component. The increase to the five-year term is, once again, in line with government policy.

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