Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Hansard source

Yes. It will be longer if you keep yelling at me. Commonwealth rent assistance—again, no other government has increased Commonwealth rent assistance in the order that this government has. So I completely reject any assertion from those down at that end of the chamber that this government doesn't treat people on income support respectfully. That is absolutely what we do. It's not only delivered through the income support system; it's through all the other work that we're doing, the work Minister Plibersek is leading in community services and social services, and the work that Senator McCarthy is doing on closing the gap.

This is one limited power to be provided in those very specific circumstances. I understand you all want to ensure that people are worried that it has more broad application, but it doesn't. I think concerns were raised around children and the impact on children, and the way that schedule 5 is drafted means that, yes, they have to take advice from Services Australia on the impact. Under administrative law, they have to consider that advice. So the assertions that they don't have to take that into account are simply incorrect as well. They actually have to not only get the advice but consider that in any decision that they make take about removing access to a payment. Those concerns that were raised, again, that we're going to leave children without income support are simply incorrect as well.

In addition to this, the Minister for Social Services has written to the Commonwealth Ombudsman to advise them that, following a decision to issue a benefit restriction notice, they will be notified and provided with information that informed the decision, including the advice prepared by Services Australia. She has also invited the Ombudsman to report on the use of the measure as part of their public annual report, noting the measure is intended to be used rarely. She has also undertaken to consult with the Ombudsman in the development of guidance and procedures to assist in the administration of the measure. I have the letter here if people are interested in me tabling that letter that has been provided, and I think it was sent last week. I'm happy to table that. Sorry, I haven't shown it to people, so if people want to have a look at it before I table it, that's fine.

They are further commitments from the government about transparency and reporting of the use of benefit restriction notices, which I think should address some of the concerns that people have raised this morning. In order for a benefit restriction notice to be put in place—I'll repeat this again because it is a very specific subset of individuals—there must be an outstanding arrest warrant, and they are a threat to the community. This is not going to have broad, widespread application, because that situation does not occur in any widespread way.

If people are concerned about the use of the power, I think the commitments that the Minister for Social Services has given should address some of those concerns. The minister wrote that the minister will report when that power has been used and provide the information that informed the decision, including the advice from Services Australia. The minister also asked the Ombudsman to consider reporting on the use of the measure as part of their annual report, and consulted with the Ombudsman in the development of guidance and procedures to assist in the administration of the measure. This is a power that is needed. It is a power that would be very rarely used, but we believe, with the processes that will be put in place to manage that use of the power, it is one that is required under our social security legislative system.