Penny Allman-Payne (Queensland, Australian Greens) Share this | Hansard source

I stand to speak in support of Senator David Pocock's motion to split the Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2025, and I want to associate myself with the comments made by Senator David Pocock and Senator Thorpe. The government has not given us a genuine explanation for why schedule 5 is warranted and why it is so urgent. If schedule 5 is so urgent that it needed to bypass a Senate inquiry and if schedule 5 is so urgent that it warranted sneaking it into a bill in the House, then let us hear the explanation for that.

As Senator Pocock and Senator Thorpe have said, there are over 100 experts who are urging the government to remove schedule 5. It breaches people's human rights. It is contrary to the rule of law. It is a piece of legislation that would make Donald Trump proud. Who would have thought that, in 2025, a Labor government would introduce legislation that so egregiously tramples on people's human rights and the rule of law? But here we are. Shame on you.

If the case for this schedule is so urgent and important, then stump up to Senate scrutiny, split it from the bill, send it off to inquiry, and make the case for why it is justified to treat people on income support in this way. This is a government that went to two elections now saying that they didn't want to leave anybody behind, and yet they continue to punch down and disregard the rights of people on welfare in this country. We continue to see people's payments suspended unlawfully. We've had multiple instances of unlawful cancellations. In fact, this very bill is attempting to wipe away 30 years of unlawful income apportionment. It doesn't seem to matter what the department or the government does to people on income support. It doesn't matter how unlawful it is; there's always a get-out-of-jail-free card. Yet, if a person on income support misses an appointment or doesn't meet an obligation, a punitive obligation, a mutual obligation, for which there is no evidence that it helps them to get into employment, the government and the department come down on them like a ton of bricks. Yet this same government and this same department won't put up for scrutiny a schedule that is so egregiously in contravention of people's human rights and the rule of law.

It's not just the crossbench saying it. The statement from academic and legal experts says they have a number of concerns with schedule 5: it is a 'violation of the presumption of innocence and due process'; it gives 'ministerial power without procedural safeguards or independent review'; there is a 'lack of parliamentary scrutiny and consultation'; there are 'disproportionate impacts for First Nations peoples, as demonstrated in New Zealand'; it has 'disproportionate impacts for victims of violence'; it has 'incoherent federal-state arrangements without accountability'; it will make 'possible severe harm to dependents'; and 'international evidence demonstrates harm'. Is that why the government didn't want this to go to an inquiry—because there is evidence that already exists that says that this is harmful? The experts go on to say:

Existing mechanisms are adequate and current safeguards are more protective …

In other words, 'You don't need to do this.' It creates an 'unacceptable precedent'.

Is the government seriously saying that 112 academic and legal experts are wrong? Is this, as Senator Thorpe said, a quick fix for a police force that can't find one individual? And millions of Australians on income support pay the price for that. Again, shame on you.

As for the coalition, how can you get up in the House, in this chamber, and talk about concerns about process and support a bill with a schedule that has not been inquired into. This is your opportunity to stand up for fair process, to support Senator Pocock's motion to split the bill and to subject this egregious schedule 5 to the scrutiny it deserves. You can't stand up in this place and say that process needs to be followed and then waive this schedule 5 through.

I never thought I would see the day that a Labor government would pass something so egregious, but here we are again, punching down on refugees, punching down on people on income support and not looking after people who are desperate for secure housing. If you want to reduce crime in this country, lift people out of poverty, make sure that our education systems are properly funded and make sure that people have secure housing, because continuing to punch down on people on income support in the multiple ways you seem to find to do it is not making anyone safer.

Again, thank you, Senator Pocock, for moving this motion. Thank you to everyone on the crossbench who is standing against this appalling schedule 5. To the government and the coalition: if you genuinely think that this will stand up to the scrutiny it deserves then support this motion and have the courage to send schedule 5 to an inquiry to look into it and to see how lawful it actually is.