Stephen Bates (Brisbane, Australian Greens) Share this | Hansard source

by leave—I move amendments (1) to (5) on the sheet revised 27 March 2023, as circulated in my name, together:

(1) Clause 2, page 2 (before table item 1), insert:

(2) Clause 2, page 2 (table item 1), omit "The whole of this Act", substitute "Schedules 1 and 2".

(3) Clause 2, page 2 (at the end of the table), add:

(4) Clause 2, page 2 (at the end of the table), add:

(5) Page 66 (after line 14), at the end of the Bill, add:

Schedule 3 — Cessation of income management

Social Security (Administration) Act 1999

1 After Part 3D

Insert:

Part 3E — Ceasing to be subject to income management

124PT Definitions

In this Part:

subject to the enhanced income management regime has the same meaning as in Part 3AA.

subject to the income management regime has the same meaning as in Part 3B.

124PU Ceasing to be subject to the enhanced income management regime

(1) A person who is subject to the enhanced income management regime may make a request to the Secretary to cease to be subject to the enhanced income management regime. The request cannot be withdrawn or revoked.

(2) If the person does so, the Secretary must give the person a notice stating that the person ceases to be subject to the enhanced income management regime. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).

(3) A notice under subsection (2) has effect accordingly.

(4) A notice under subsection (2) is not a legislative instrument.

124PV Ceasing to be subject to the income management regime

(1) A person who is subject to the income management regime may make a request to the Secretary to cease to be subject to the income management regime. The request cannot be withdrawn or revoked.

(2) If the person does so, the Secretary must give the person a notice stating that the person ceases to be subject to the income management regime. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).

(3) A notice under subsection (2) has effect accordingly.

(4) A notice under subsection (2) is not a legislative instrument.

124PW This Part has effect despite other provisions etc.

This Part has effect despite anything in:

(a) any other provision of this Act; or

(b) the 1991 Act; or

(c) the Family Assistance Act; or

(d) the Family Assistance Administration Act.

2 Transitional rules

(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by this Schedule.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of the Act.

Amendments (1) through (5) on the sheet set out an approach to ensure that we do not have compulsory income management. Because of the limited time between the introduction of this bill and its debate we have had limited time and have drawn on the approach used in the government's bill to repeal the cashless debit card. I want to thank the House drafters for their work, particularly during this short time frame.

As I set out in my second reading speech, we fundamentally oppose compulsory income management. We think it is a flawed and a failed approach. This amendment would enable people who are subject to compulsory income management to exit. That is why it is so important. It is important that we are respecting an individual's human rights and ensuring that there is free, prior and informed consent. This amendment reflects what we've heard from so many people—that compulsory income management is disempowering and harmful. It runs directly to the principle of free, prior and informed consent. This amendment would enable people who are subject to compulsory income management—either the BasicsCard or the Indue card—to request an exit. The secretary would need to respond, confirming their exit within a week. It's a simple, straightforward amendment; it will improve people's lives and it will live up to the principles that Labor espoused in opposition and before the election. I commend this amendment to the House.

See this speech in context