Rachel Siewert (WA, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (1) to (9) on sheet 8245 revised together:

(1) Schedule 15, item 1, page 203 (before line 2), before subsection 42AL(1), insert:

42AKA Determination about mutual obligation, work refusal and unemployment failures and severe financial hardship

If the Secretary determines that a person commits a mutual obligation failure, a work refusal failure or an unemployment failure, the Secretary must also determine that this section applies unless the Secretary is satisfied that:

(a) the person does not have the capacity to undertake any reconnection requirement; and

(b) serving the payment suspension period, the reduction period, the unemployment preclusion period or the post-cancellation non-payment period, or having the participation payment cancelled, would cause the person to be in severe financial hardship.

(2) Schedule 15, item 1, page 203 (line 5), after "for a period", insert "and has determined that section 42AKA applies".

(3) Schedule 15, item 1, page 203 (after line 32), after section 42AL, insert:

42ALA Ending payment suspension periods

  (1) For the purposes of paragraph 42AL(3) (b), the Secretary may end a person's payment suspension period if the Secretary determines that:

  (a) the person does not have the capacity to undertake any reconnection requirement; and

  (b) serving the payment suspension period would cause the person to be in severe financial hardship.

  (2) The Secretary may make a determination under subsection (1) on request or on his or her own initiative.

  (3) This section does not limit paragraph 42AL(3) (b).

(4) Schedule 15, item 1, page 204 (line 6), at the end of subsection 42AM(1), add "and has determined that section 42AKA applies".

(5) Schedule 15, item 1, page 204 (line 30), at the end of subsection 42AN(1), add:

; and (c) the Secretary has determined that section 42AKA applies.

(6) Schedule 15, item 1, page 205 (line 25), after "for a participation payment", insert "and has determined that section 42AKA applies".

(7) Schedule 15, item 1, page 206 (line 15), at the end of subsection 42AP(1), add "and has determined that section 42AKA applies".

(8) Schedule 15, item 1, page 207 (line 23), after subsection 42AP(5), insert:

  (5A) If the Secretary determines that the post-cancellation non-payment period should end on an earlier day, the post-cancellation non-payment period ends immediately before that earlier day.

(9) Schedule 15, item 1, page 208 (after line 3), after section 42AP, insert:

42APA Ending post-cancellation non-payment periods

  (1) For the purposes of subsection 42AP(5A), the Secretary may end a person's post-cancellation non-payment period if the Secretary determines that serving the post-cancellation non-payment period would cause the person to be in severe financial hardship.

  (2) The Secretary may make a determination under subsection (1) on request or on his or her own initiative.

  (3) This section does not limit subsection 42AP(5A).

These amendments relate to schedule 15, the schedule we've been talking a lot about tonight, which provides for the new compliance regime. The amendments specifically relate to financial hardship. As I articulated in this place in my previous amendments to the bill but also during the debate on other amendments that we've already dealt with, we are deeply concerned about the financial impact this schedule will have on the people who are going to be subject to the new compliance regime.

I also remind the chamber, since it was a while ago when we first started this debate, that we agree that the compliance regime needs to be fixed. It needs to be amended. However, this is being done—and we had a second reading amendment about this—without a full review of the current compliance regime. As I'm sure you know—through you, Chair—that amendment was successful.

These specific amendments relate to financial hardship. For example, we're seeking to amend item 1 of the schedule to insert, before section 42AL(1):

42AKA Determination about mutual obligation, work refusal and unemployment failures and severe financial hardship

If the Secretary determines that a person commits a mutual obligation failure, a work refusal failure or an unemployment failure, the Secretary must also determine that this section applies unless the Secretary is satisfied that:

(a) the person does not have the capacity to undertake any reconnection requirement; and

(b) serving the payment suspension period, the reduction period, the unemployment preclusion period or the post-cancellation non-payment period, or having the participation payment cancelled, would cause the person to be in severe financial hardship.

The other amendments are along similar lines in dealing with this issue of financial hardship, because we're deeply concerned that this issue will not be taken into consideration and in fact the employment provider will not take into account a person's wellbeing and financial vulnerability. So I've moved these amendments. I urge the chamber to support these amendments, because we are deeply concerned about the impact that these changes are going to have on participants.

And I do have a couple of questions. We did ask a lot of questions, as the minister articulated, in the previous debate on this, just before Christmas, but I do have a couple of additional questions. I'll try not to traverse the same ground.