Senate debates

Monday, 21 November 2022

Bills

Family Assistance Legislation Amendment (Cheaper Child Care) Bill 2022; In Committee

12:30 pm

Photo of Mehreen FaruqiMehreen Faruqi (NSW, Australian Greens) Share this | Hansard source

I move the Greens request for amendment on sheet 1727:

That the House of Representatives be requested to make the following amendment:

(1) Schedule 3, page 16 (line 1) to page 18 (line 31), omit the Schedule, substitute:

Schedule 3 — Abolishing the activity test

A New Tax System (Family Assistance) Act 1999

1 Subsection 3(1) (definition of activity test result )

Repeal the definition.

2 Subsection 3(1) (definition of child wellbeing result )

Repeal the definition.

3 Subsection 3(1)

Insert:

circumstances test result has the meaning given by clause 11 of Schedule 2.

4 Subsection 3(1) (definition of deemed activity test result )

Repeal the definition.

5 Subsection 3(1)

Insert:

deemed circumstances test result has the meaning given by clause 16 of Schedule 2.

6 Subsection 3(1) (definition of extended child wellbeing period )

Repeal the definition.

7 Subsection 3(1) (definition of low income result )

Repeal the definition.

8 Subsection 3(1) (definition of paid work )

Omit "(other than in paragraph 12(2)(a) of Schedule 2)".

9 Subsection 3(1) (definition of recognised activity )

Repeal the definition.

10 Subsection 3(1) definition of recognised activity result )

Repeal the definition.

11 Subsection 3B(1)

Omit "(other than in paragraph 12(2)(a) of Schedule 2)".

12 Subsec tion 3B(1) (note)

Repeal the note.

13 Clause 1 of Schedule 2 (method statement, step 1)

Repeal the step.

14 Clause 1 of Schedule 2 (method statement, step 5, paragraph (a))

Omit "activity-tested", substitute "circumstances-tested".

15 Clause 1 of Schedule 2 (method statement, step 5, paragraph (b))

Omit "activity-tested", substitute "circumstances-tested".

16 Clause 1 of Schedule 2 (method statement, step 6)

Omit "activity-tested", substitute "circumstances-tested".

17 Clause 1 of Schedule 2 (metho d statement, step 7)

Omit "activity-tested", substitute "circumstances-tested".

18 Clause 4 of Schedule 2 (heading)

Omit "Activity-tested", substitute "Circumstances-tested".

19 Subclause 4(1) of Schedule 2

Omit "activity-tested amount", substitute "circumstances-tested amount".

20 Subparagraph 4(1)(a)(i) of Schedule 2

Omit "activity test", substitute "circumstances test".

21 Subclause 4(2) of Schedule 2

Omit "activity test" (wherever occurring), substitute "circumstances test".

22 Clause 4A of Schedule 2 ( heading)

Omit "activity-tested", substitute "circumstances-tested".

23 Paragraph 4A(1)(a) of Schedule 2

Omit "activity-tested", substitute "circumstances-tested".

24 Subclause 4A(2) of Schedule 2

Omit "adjustedactivity-tested amount", substitute "adjustedcircumstances-tested amount".

25 Paragraphs 4A(2)(a) and (b) of Schedule 2

Omit "activity-tested", substitute "circumstances-tested".

26 Clause 8 of Schedule 2 (method statement, step 1)

Omit "activity test", substitute "circumstances test".

27 Cl ause 8 of Schedule 2 (method statement, step 4)

Omit "activity-tested", substitute "circumstances-tested".

28 Clause 8 of Schedule 2 (method statement, step 5)

Omit "activity-tested", substitute "circumstances-tested".

29 Clause 10 of Schedule 2 (heading)

Omit "Activity-tested", substitute "Circumstances-tested".

30 Subclause 10(1)

Omit "activity-tested amount", substitute "circumstances-tested amount".

31 Paragraph 10(1)(a) of Schedule 2

Omit "activity test", substitute "circumstances test".

32 S ubclause 10(2) of Schedule 2

Omit "activity test" (wherever occurring), substitute "circumstances test".

33 Part 5 of Schedule 2 (heading)

Repeal the heading, substitute:

Part 5 — Circumstances test

34 Division 1 of Part 5 of Schedule 2 (heading)

Omit "activity test", substitute "circumstances test".

35 Clause 11 of Schedule 2 (heading)

Omit "activity test", substitute "circumstances test".

36 Subclause 11(1) of Schedule 2

Omit "activity test result", substitute "circumstances test result".

37 Subparagraph 11(1)(b)(ii) of Schedule 2

Repeal the subparagraph, substitute:

(ii) the result worked out in accordance with paragraph (a) for the individual's partner in relation to the child.

38 Subclause 11(1) of Schedule 2 (table heading)

Repeal the heading, substitute:

Individual's circumstances test result

39 Subclause 11(1) of Schedule 2 (table items 1 and 2)

Repeal the items, substitute:

40 Subclause 11(1) of Schedule 2 (table item 4)

Repeal the item.

41 Subclause 11(5) of Schedule 2

Omit "activity test" (wherever occurring), substitute "circumstances test".

42 Clauses 12, 13 and 15 of Schedule 2

Repeal the clauses.

43 Division 2 of Part 5 of Schedule 2 (heading)

Omit "activity test", substitute "circumstances test".

44 Clau se 16 of Schedule 2

Omit "activity test", substitute "circumstances test".

45 Subclause 16(1) of Schedule 2

Omit "deemed activity test result", substitute "deemed circumstances test result".

A New Tax System (Family Assistance) (Administration) Act 1999

46 Subparagraph 67CE(1)(b)(ii)

Omit "activity test", substitute "circumstances test".

47 Subparagraph 105D(2)(a)(ii)

Omit "activity test", substitute "circumstances test".

48 Subparagraph 105E(1)(c)(ii)

Omit "activity test", substitute "circumstances test".

49 Subparagraph 108(5)(b)

Omit "activity test", substitute "circumstances test".

50 Paragraph 111(2A)(b)

Omit "activity test", substitute "circumstances test".

51 Paragraph 157(2)(k)

Repeal the paragraph.

52 Application of amendments etc.

(1) The amendments of the A New Tax System (Family Assistance) Act 1999 and A New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule apply in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.

(2) A reference to an individual's circumstances test result in the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Schedule, is taken, in relation to any period occurring before the start of the first CCS fortnight in the income year in which this item commences, to include a reference to the individual's activity test result, within the meaning of that Act as in force immediately before that commencement.

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (1)

Amendment (1) is framed as a request because it amends the bill to remove activity testing for the child care subsidy. The amendment would enable individuals to access up to the full 100 hours of subsidised child care per fortnight regardless of whether they have engaged in recognised activity such as paid work or study. This would result in increased payments of the child care subsidy.

The effect of the amendment would therefore increase the amount of expenditure under the standing appropriation in section 233 of the A New Tax System (Family Assistance) (Administration) Act 1999.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (1 )

If the effect of the amendment is to increase expenditure under the standing appropriation in section 233 of the A New Tax System (Family Assistance) (Administration) Act 1999 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

This amendment is about abolishing the activity test.

As I said during my second reading speech, the Greens support, obviously, the new baseline entitlement to 36 hours a fortnight of subsidised childhood education and care for Aboriginal and Torres Strait Islander children, regardless of the activity levels of their parents. This change has been a long time coming. But, really, it also leaves so many other families and children out in the cold. It does not go far enough; the activity test needs to be completely scrapped—it is causing harm now. We heard from so many witnesses during the Senate inquiry on this bill who told us how the activity test was cruel and punitive, that it really was beyond repair and that it had to go. This is because it denies access for the most disadvantaged children and then punishes families who are in insecure or casual work.

Some 126,000 children from the poorest households in the country are missing out on early education because of the activity test. The activity test denies access, as I said, to the most disadvantaged children. Many witnesses to the inquiry completely supported the abolition of this test. So this is what this amendment does: it abolishes the activity test and takes us a long way towards delivering universal and fairer access to early childhood education and care. I do really ask my colleagues in the chamber to support this. If we do care about access for many families, and especially for disadvantaged children and families, then this activity test really has to go. We have the ability to do that today.

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