Tanya Plibersek (Sydney, Australian Labor Party, Minister for Social Services) Share this | Hansard source

I present a replacement explanatory memorandum and a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (2) to (25) as circulated together.

Leave granted.

I move:

(1) Clause 2, page 2 (table item 5), omit "Schedules 3 and 4", substitute "Schedules 3, 4 and 5".

(2) Schedule 2, item 1, page 22 (line 16), after "act", insert ", failure".

(3) Schedule 2, item 1, page 22 (line 22), after "act", insert ", failure".

(4) Schedule 2, item 1, page 22 (line 27), after "act", insert ", failure".

(5) Schedule 2, item 1, page 22 (line 28), after "act", insert ", failure".

(6) Schedule 2, item 2, page 23 (line 12), after "act", insert ", failure".

(7) Schedule 2, item 2, page 23 (line 18), after "act", insert ", failure".

(8) Schedule 2, item 2, page 23 (line 22), after "act", insert ", failure".

(9) Schedule 2, item 2, page 23 (line 24), after "act", insert ", failure".

(10) Schedule 2, item 3, page 24 (line 3), after "act", insert ", failure".

(11) Schedule 2, item 3, page 24 (line 9), after "act", insert ", failure".

(12) Schedule 2, item 3, page 24 (line 15), after "act", insert ", failure".

(13) Schedule 2, item 3, page 24 (line 17), after "act", insert ", failure".

(14) Schedule 2, item 4, page 24 (line 29), after "act", insert ", failure".

(15) Schedule 2, item 4, page 24 (line 35), after "act", insert ", failure".

(16) Schedule 2, item 4, page 25 (line 2), after "act", insert ", failure".

(17) Schedule 2, item 4, page 25 (line 4), after "act", insert ", failure".

(18) Schedule 2, item 6, page 26 (line 11), omit "Note", substitute "Note 1".

(19) Schedule 2, item 6, page 26 (after line 13), at the end of section 99, add:

Note 2: If the Secretary suspects that there may have been fraud or serious non-compliance in relation to a debt waived under this section, the waiver does not prevent the Secretary from taking further appropriate action against the debtor or any other person.

(20) Schedule 2, item 7, page 26 (line 21), omit "Note", substitute "Note 1".

(21) Schedule 2, item 7, page 26 (after line 23), at the end of section 197, add:

Note 2: If the Secretary suspects that there may have been fraud or serious non-compliance in relation to a debt waived under this section, the waiver does not prevent the Secretary from taking further appropriate action against the debtor or any other person.

(22) Schedule 2, item 11, page 27 (after line 19), at the end of section 1237AAA, add:

Note 3: If the Secretary suspects that there may have been fraud or serious non-compliance in relation to a debt waived under this section, the waiver does not prevent the Secretary from taking further appropriate action against the debtor or any other person.

(23) Schedule 2, item 12, page 28 (line 8), omit "Note", substitute "Note 1".

(24) Schedule 2, item 12, page 28 (after line 10), at the end of section 43D, add:

Note 2: If the Secretary suspects that there may have been fraud or serious non-compliance in relation to a debt waived under this section, the waiver does not prevent the Secretary from taking further appropriate action against the debtor or any other person.

(25) Page 37 (after line 11), at the end of the Bill, add:

Schedule 5 — Benefit restriction notices

Part 1 — Social Security Act amendments

Social Security Act 1991

1 Subsection 23(1)

Insert:

AFP Minister means the Minister administering the Australian Federal Police Act 1979.

ASIO Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979.

benefit restriction notice means a notice under section 38MA or 38N.

senior AFP member has the same meaning as in the Criminal Code.

2 Subsection 23(1) (definition of Home Affairs Minister )

Repeal the definition.

3 Subsection 23(1) (definition of security notice )

Repeal the definition.

4 Part 1.3B (heading)

Omit "on security grounds".

5 Section 38L

Repeal the section, substitute:

38L Simplified outline of this Part

Persons may lose social security payments or concession cards if they:

(a) are the subject of an arrest warrant in respect of a serious violent or sexual offence; or

(b) might prejudice the security of Australia or a foreign country.

6 Section 38M (heading)

Omit "on security grounds".

7 Subsection 38 M( 1)

Omit "security notice", substitute "benefit restriction notice".

8 Subsection 38 M( 1) (note)

Repeal the note, substitute:

Note: A benefit restriction notice is a notice under section 38MA or 38N.

9 Subsections 38 M( 2) to (4)

Omit "security notice", substitute "benefit restriction notice".

10 After section 38M

Insert:

38MA Benefit restriction notice from AFP Minister

(1) The AFP Minister may give the Minister a written notice requiring that this Part apply in relation to a specified person if:

(a) the person is the subject of an arrest warrant issued in Australia in respect of a serious violent or sexual offence (within the meaning of Division 395 of the Criminal Code); and

(b) the person has not been arrested under the warrant; and

(c) a cancellation request for the person has been made as mentioned in subsection (2).

Cancellation requests

(2) For the purposes of paragraph (1)(c), a cancellation request has been made for the person if a request to cancel the person's social security payments or concession card (however expressed) has been made, in writing:

(a) by a senior AFP member or a member of a State or Territory police force whose rank is equivalent to the rank of a senior AFP member; and

(b) to any of the following:

(i) the AFP Minister;

(ii) the Minister;

(iii) the Minister administering the Human Services (Centrelink) Act 1997;

(iv) the Department;

(v) the Human Services Department.

Considerations for giving a notice

(3) Before giving a notice under this section, the AFP Minister must have regard to the following:

(a) the extent to which the person is likely to be a threat or danger to the community while the person is not arrested under the warrant;

(b) the likely effect of the operation of section 38M on the person's dependants, if the AFP Minister is aware of those dependants.

(4) The Secretary of the Department administered by the AFP Minister must:

(a) seek the advice of the Human Services Secretary in relation to paragraph (3)(b); and

(b) inform the AFP Minister of that advice.

(5) Subsection (3) does not limit the matters to which regard may be had.

11 Section 38N (heading)

Repeal the heading, substitute:

38N Benefit restriction notice from ASIO Minister

12 Section 38N

Omit "Home Affairs" (wherever occurring), substitute "ASIO".

13 Section 38P

Omit "Home Affairs", substitute "ASIO".

14 Section 38R (heading)

Omit "security notice", substitute "benefit restriction notice".

15 Section 38R

Omit "security notice", substitute "benefit restriction notice".

16 Section 38S (heading)

Omit "security notice", substitute "benefit restriction notice".

17 Section 38S

Omit "security notice", substitute "benefit restriction notice".

18 Section 38SA (heading)

Omit "security notice", substitute "benefit restriction notice".

19 Section 38SA

Omit "the Home Affairs Minister must consider whether to revoke a security notice", substitute "the Minister who gave a benefit restriction notice must consider whether to revoke the benefit restriction notice".

20 Paragraph 38SA(b)

Omit "the Home Affairs", substitute "that".

21 Section 38T (heading)

Omit "security notice", substitute "benefit restriction notice".

22 Subsection 38 T( 1)

Repeal the subsection, substitute:

(1) If the AFP Minister or the ASIO Minister has given a benefit restriction notice, that Minister may, by written notice given to the Minister, revoke the benefit restriction notice.

23 Paragraph 38T(4)(b)

Omit "Home Affairs Minister revokes the security notice", substitute "AFP Minister or ASIO Minister revokes the benefit restriction notice".

24 Application

The amendments made by this Part apply in relation to arrest warrants issued before, on or after the commencement of this item.

25 Transitional

A security notice that was:

(a) given under section 38N of the Social Security Act 1991 (as in force before the commencement of this item); and

(b) in force immediately before that commencement;

continues in force (and may be dealt with) at and after that commencement as if it were a benefit restriction notice given under that section as amended by this Part.

Part 2 — Family Assistance Act amendments

A New Tax System (Family Assistance) Act 1999

26 Subsection 3(1)

Insert:

AFP Minister means the Minister administering the Australian Federal Police Act 1979.

ASIO Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979.

benefit restriction notice means a notice under section 57GIA or 57GJ.

senior AFP member has the same meaning as in the Criminal Code.

27 Subsection 3(1) (definition of Home Affairs Minister )

Repeal the definition.

28 Subsection 3(1) (definition of security notice )

Repeal the definition.

29 Division 7 of Part 3 (heading)

Omit "on security grounds".

30 Section 57GH

Repeal the section, substitute:

57GH Simplified outline of this Division

Individuals may lose family assistance if they:

(a) are the subject of an arrest warrant in respect of a serious violent or sexual offence; or

(b) might prejudice the security of Australia or a foreign country.

31 Section 57GI (heading)

Omit "on security grounds".

32 Subsection 57 GI( 1) (heading)

Omit "Security notice", substitute "Benefit restriction notice".

33 Subsection 57 GI( 1)

Omit "security notice", substitute "benefit restriction notice".

34 Section 57GI (note 1)

Repeal the note, substitute:

Note 1: A benefit restriction notice is a notice under section 57GIA or 57GJ.

35 Subsections 57 GI( 2) to (4)

Omit "security notice", substitute "benefit restriction notice".

36 Subsection 57 GI( 7) (heading)

Omit "Security notice", substitute "Benefit restriction notice".

37 Paragraph 57GI(7)(a)

Omit "security notice", substitute "benefit restriction notice".

38 After section 57GI

Insert:

57GIA Benefit restriction notice from AFP Minister

(1) The AFP Minister may give the Minister a written notice requiring that this Division apply in relation to a specified individual if:

(a) the individual is the subject of an arrest warrant issued in Australia in respect of a serious violent or sexual offence (within the meaning of Division 395 of the Criminal Code); and

(b) the individual has not been arrested under the warrant; and

(c) a cancellation request for the individual has been made as mentioned in subsection (2).

Cancellation requests

(2) For the purposes of paragraph (1)(c), a cancellation request has been made for the individual if a request to cancel the individual's family assistance (however expressed) has been made, in writing:

(a) by a senior AFP member or a member of a State or Territory police force whose rank is equivalent to the rank of a senior AFP member; and

(b) to any of the following:

(i) the AFP Minister;

(ii) the Minister;

(iii) the Minister administering the Human Services (Centrelink) Act 1997;

(iv) the Department;

(v) the Human Services Department.

Notice may recommend payments to payment nominee

(3) A notice under this section may recommend that payments of family assistance of the individual, to the extent set out in the notice, be paid to a payment nominee of the individual under Part 8B of the Family Assistance Administration Act.

Considerations for giving a notice

(4) Before giving a notice under this section, the AFP Minister must have regard to the following:

(a) the extent to which the individual is likely to be a threat or danger to the community while the individual is not arrested under the warrant;

(b) the likely effect of the operation of section 57GI on the individual's dependants, if the AFP Minister is aware of those dependants.

(5) The Secretary of the Department administered by the AFP Minister must:

(a) seek the advice of the Human Services Secretary in relation to paragraph (4)(b); and

(b) inform the AFP Minister of that advice.

(6) Subsection (4) does not limit the matters to which regard may be had.

39 Section 57GJ (heading)

Repeal the heading, substitute:

57GJ Benefit restriction notice from ASIO Minister

40 Section 57GJ

Omit "Home Affairs" (wherever occurring), substitute "ASIO".

41 Section 57GK

Omit "Home Affairs", substitute "ASIO".

42 Section 57GM (heading)

Omit "security notice", substitute "benefit restriction notice".

43 Sections 57GM

Omit "security notice", substitute "benefit restriction notice".

44 Section 57GN (heading)

Omit "security notice", substitute "benefit restriction notice".

45 Sections 57GN

Omit "security notice", substitute "benefit restriction notice".

46 Section 57GNA (heading)

Omit "security notice", substitute "benefit restriction notice".

47 Section 57GNA

Omit "the Home Affairs Minister must consider whether to revoke a security notice", substitute "the Minister who gave a benefit restriction notice must consider whether to revoke the benefit restriction notice".

48 Paragraph 57GNA(b)

Omit "the Home Affairs", substitute "that".

49 Section 57GO (heading)

Omit "security notice", substitute "benefit restriction notice".

50 Subsection 57 GO( 1)

Repeal the subsection, substitute:

(1) If the AFP Minister or the ASIO Minister has given a benefit restriction notice, that Minister may, by written notice given to the Minister, revoke the benefit restriction notice.

51 Paragraph 57GO(4)(b)

Omit "Home Affairs Minister revokes the security notice", substitute "AFP Minister or ASIO Minister revokes the benefit restriction notice".

52 Application

The amendments made by this Part apply in relation to arrest warrants issued before, on or after the commencement of this item.

53 Transitional

A security notice that was:

(a) given under section 57GJ of the A New Tax System (Family Assistance) Act 1999 (as in force before the commencement of this item); and

(b) in force immediately before that commencement;

continues in force (and may be dealt with) at and after that commencement as if it were a benefit restriction notice given under that section as amended by this Part.

Part 3 — Paid Parental Leave Act amendments

Paid Parental Leave Act 2010

54 Section 6

Insert:

AFP Minister means the Minister administering the Australian Federal Police Act 1979.

ASIO Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979.

benefit restriction notice means a notice under section 278BA or 278C.

senior AFP member has the same meaning as in the Criminal Code.

55 Section 6 (definition of Home Affairs Minister )

Repeal the definition.

56 Section 6 (definition of security notice )

Repeal the definition.

57 Division 5 of Part 6-1 (heading)

Omit "on security grounds".

58 Section 278A

Repeal the section, substitute:

278A Simplified outline of this Division

Persons may lose parental leave pay if they:

(a) are the subject of an arrest warrant in respect of a serious violent or sexual offence; or

(b) might prejudice the security of Australia or a foreign country.

59 Section 278B (heading)

Omit "on security grounds".

60 Subsection 278 B( 1)

Omit "security notice", substitute "benefit restriction notice".

61 Subsection 278 B( 1) (note)

Repeal the note, substitute:

Note: A benefit restriction notice is a notice under section 278BA or 278C.

62 Subsections 278 B( 3)

Omit "security notice", substitute "benefit restriction notice".

63 After section 278B

Insert:

278BA Benefit restriction notice from AFP Minister

(1) The AFP Minister may give the Minister a written notice requiring that this Division apply in relation to a specified person if:

(a) the person is the subject of an arrest warrant issued in Australia in respect of a serious violent or sexual offence (within the meaning of Division 395 of the Criminal Code); and

(b) the person has not been arrested under the warrant; and

(c) a cancellation request for the person has been made as mentioned in subsection (2).

Cancellation requests

(2) For the purposes of paragraph (1)(c), a cancellation request has been made for the person if a request to cancel the person's parental leave pay (however expressed) has been made, in writing:

(a) by a senior AFP member or a member of a State or Territory police force whose rank is equivalent to the rank of a senior AFP member; and

(b) to any of the following:

(i) the AFP Minister;

(ii) the Minister;

(iii) the Minister administering the Human Services (Centrelink) Act 1997;

(iv) the Department;

(v) the Human Services Department.

Considerations for giving a notice

(3) Before giving a notice under this section, the AFP Minister must have regard to the following:

(a) the extent to which the person is likely to be a threat or danger to the community while the person is not arrested under the warrant;

(b) the likely effect of the operation of section 278B on the person's dependants, if the AFP Minister is aware of those dependants.

(4) The Secretary of the Department administered by the AFP Minister must:

(a) seek the advice of the Human Services Secretary in relation to paragraph (3)(b); and

(b) inform the AFP Minister of that advice.

(5) Subsection (3) does not limit the matters to which regard may be had.

64 Section 278C (heading)

Repeal the heading, substitute:

278C Benefit restriction notice from ASIO Minister

65 Section 278C

Omit "Home Affairs" (wherever occurring), substitute "ASIO".

66 Section 278D

Omit "Home Affairs", substitute "ASIO".

67 Section 278F (heading)

Omit "security notice", substitute "benefit restriction notice".

68 Section 278F

Omit "security notice", substitute "benefit restriction notice".

69 Section 278G (heading)

Omit "security notice", substitute "benefit restriction notice".

70 Section 278G

Omit "security notice", substitute "benefit restriction notice".

71 Section 278GA (heading)

Omit "security notice", substitute "benefit restriction notice".

72 Section 278GA

Omit "the Home Affairs Minister must consider whether to revoke a security notice", substitute "the Minister who gave a benefit restriction notice must consider whether to revoke the benefit restriction notice".

73 Paragraph 278GA(b)

Omit "the Home Affairs", substitute "that".

74 Section 278H (heading)

Omit "security notice", substitute "benefit restriction notice".

75 Subsection 278 H( 1)

Repeal the subsection, substitute:

(1) If the AFP Minister or the ASIO Minister has given a benefit restriction notice, that Minister may, by written notice given to the Minister, revoke the benefit restriction notice.

76 Application

The amendments made by this Part apply in relation to arrest warrants issued before, on or after the commencement of this item.

77 Transitional

A security notice that was:

(a) given under section 278C of the Paid Parental Leave Act 2010 (as in force before the commencement of this item); and

(b) in force immediately before that commencement;

continues in force (and may be dealt with) at and after that commencement as if it were a benefit restriction notice given under that section as amended by this Part.

With this bill, the government is delivering a fairer, more efficient social security system. We heard from members of this House on Monday and again just now about the importance of these changes for people right across our country. The amendments I'm moving today make generally technical changes to provide for more effective debt administration and service delivery. They clarify the intent behind the suite of amendments provided for in schedule 2, which reform debt and waiver arrangements. The government is also proposing new schedule 5 for the bill, which provides for the use of benefit restriction notices to cease social security payments and concessions in certain circumstances relating to alleged offenders of serious violent or sexual offences who are evading arrest.

In relation to schedule 2, the amendments are minor and technical in nature and are intended to remove any doubt behind the circumstances in which the broad and special circumstances waiver may apply. The changes delivered through this bill give Services Australia extended powers to waive social security debts that have been incurred because of coercion or financial abuse. The government's amendments clarify that this expanded eligibility for the waiver means that it applies in all cases of coercion or financial abuse, including failures to comply with the law. We have had significant interest in this element of the bill.

We also heard some harrowing accounts in this place from members whose previous careers gave them real personal insight into the need for this provision. I want to particularly thank the members for Bonner, Barton, Maribyrnong, Curtin and Wentworth for their contributions. I want to assure all members that this text provides for the Services Australia decision-maker to be able to take a person's full situation into account and apply the waiver when coercion or abuse are present.

The government's amendments also reinforce the application of compliance measures relating to the small debt waiver by clarifying that the secretary may take appropriate action where a person is seen to be manipulating the waiver or perpetrating fraud.

Fraud represents a small minority of debts. We know that people generally engage with the social security system honestly and in good faith, but the small debt waiver is not for those involved in significant noncompliance or fraud. The government will continue to take appropriate action, including prosecution, in the most serious cases where individuals have illegally manipulated the waiver or committed fraud.

We are also proposing a new schedule 5, which provides for the use of benefit restriction notices to ensure people who are subject to an outstanding arrest warrant for a serious violent or sexual offence can no longer be supported through the social security and family payment system. I have to reiterate that this is for people who are subject to an outstanding arrest warrant for a serious violent or sexual offence.

There's currently no lawful authority to cancel a person's payments or concessions in these circumstances. We propose this new power to be used only in the most serious circumstances, and only following a thorough and considered decision-making process. But our reasoning is clear: fugitives suspected of committing serious violent or sexual offences should not be receiving taxpayer funded income support payments, and it should be possible to cancel those payments.

This amendment provides for a person's payments from Services Australia or their social security concession cards to be able to be cancelled when they are subject to an outstanding arrest warrant for a serious violent or sexual offence and are evading police. The cancellation decision will also consider the extent to which an individual is likely to be a threat or danger to the community. It includes all social security payments, like jobseeker and age pension payments, family assistance payments and paid parental leave. It also applies to concession cards like the pensioner concession card and the low-income healthcare card.

This change will uphold the integrity of our social security system and ensure that those who are accused of serious violent or sexual crimes and are evading police cannot benefit from it. These people are accused of serious violent or sexual crime, there is an arrest warrant for them, they are evading police and they are considered to be a potential threat to the community. These are very high barriers.

The amendment will provide for a benefit restriction notice to be issued in the name of an individual while a warrant for a serious violent or sexual offence within the meaning of the Criminal Code Act 1995 is out for their arrest and they are on the run. A written request to cancel the individual's payments and/or concession card from an appropriately senior member of the Australian Federal Police or a state or territory police force will be required. Prior to the issuing of a benefit restriction notice, consideration will be given to the extent to which a person is likely to be a threat or danger to the community.

Prior to the issuing of a benefit restriction notice, consideration will be given to the extent to which the person is likely to be a threat or danger to the community and the impact that the cancellation of the person's payments and/or concession card may have on any dependents the individual may have. The power to issue a notice will be given to the minister administering the Australian Federal Police Act 1979. That minister is currently the Minister for Home Affairs. This minister is to obtain advice from Services Australia about any dependents a person has prior to issuing a notice.

These are carefully considered amendments and, should the parliament support them, will be carefully put into practice. It's common sense. It's in line with community expectations that taxpayer funded support should not go into someone's bank account if they're running from the law, accused of serious, violent or sexual offences.

Question agreed to.

Bill, as amended, agreed to.

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