Lidia Thorpe (Victoria, Independent) Share this | Hansard source

by leave—I table a statement from academics and legal experts. The statement says:

We, the undersigned academics and legal experts, call on the Australian Government to immediately remove Schedule 5 from the Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2025. In doing so, we add our voices to a building coalition of anti-poverty advocates, legal services, human rights experts, disability representative organisations, and senators … who also strongly oppose the amendment.

Schedule 5 was added to the Bill on 28 October 2025 without prior announcement or any public consultation. This Schedule allows state, territory, or federal police to—in relation to individuals with outstanding warrants for serious violent or sexual offences—lodge a request with the Minister for Home Affairs to have that person's social security payments and concessions (under the Social Security Act 1991 … family assistance payments (under the A New Tax System (Family Assistance) Act 1999 ... and parental leave pay (under the Paid Parental Leave Act 2010 … cancelled.

The (revised) explanatory memorandum to the Bill states:

The objective of this measure is to ensure people who are subject to an outstanding arrest warrant for a serious offence can no longer be supported through the social security and family payments systems.

This represents a dangerous departure from fundamental legal principles that underpin Australia's social security and criminal justice systems.

I'll just summarise the concerns in relation to schedule 5. They include the violation of the presumption of innocence and due process; ministerial power without procedural safeguards or independent review; lack of parliamentary scrutiny and consultation; disproportionate impacts for First Nations peoples, as demonstrated in New Zealand; disproportionate impacts for victims of violence; incoherent federal-state arrangements without accountability; and possible severe harm to dependants. International evidence demonstrates harm. Existing mechanisms are inadequate, and current safeguards are more protective. It's an unacceptable precedent that this government is setting.

The position of over 100 organisations who have major concerns with schedule 5 are saying:

We, the undersigned academics and legal experts, call on the Australian Government to immediately remove Schedule 5 from the Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2025.

We support proper parliamentary process. If the Government believes such powers are necessary, Schedule 5 should be removed from this Bill and introduced as separate legislation subject to:

We oppose the establishment of a two-tier justice system that strips welfare recipients of the basic legal safeguards that underpin equality before the law—due process and the presumption of innocence.

My fellow senator will read out who those academic leaders and experts are.