Janet Rice (Victoria, Australian Greens) Share this | Hansard source

by leave—I move amendments (2), (3) and (4) on sheet 1966 revised 2 together:

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

Schedule 4 — Obligations of Minister

Social Security (Administration) Act 1999

1 After section 123SV

Insert:

123SVA Periodic estimates of cost of enhanced income management regime

(1) As soon as practicable after the end of each reporting period, the Minister must prepare a written estimate of the full cost to the Commonwealth (as at the end of the period) of the operation of the enhanced income management regime established by this Part.

(2) The Minister must cause the estimate for a reporting period to be:

(a) published on the Department's website as soon as practicable after it is prepared; and

(b) tabled in each House of the Parliament within 7 sitting days of that House after the estimate is published under paragraph (a).

(3) In this section:

reporting period means the following:

(a) the period of 6 months beginning on the day this section commences;

(b) the period of 12 months beginning on the day after the end of the period mentioned in paragraph (a);

(c) each subsequent 12-month period.

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

Schedule 5 — Review by Parliamentary Joint Committee on Hum an Rights

Social Security (Administration) Act 1999

1 After section 243

Insert:

243AA Review by Parliamentary Joint Committee on Human Rights

(1) The Parliamentary Joint Committee on Human Rights must conduct reviews under this section and report the Committee's findings of each review to both Houses of the Parliament.

Requirements for review

(2) A review under this section must examine Part 3AA and Part 3B, so far as they relate to compulsory enhanced income management or compulsory income management, for compatibility with human rights.

First review

(3) The first review under this section must be completed within 12 months after this section commences.

Subsequent reviews

(4) Each subsequent review under this section must be completed within 3 years after the completion of the previous review.

When review is completed

(5) For the purposes of this section, a review is completed when the Committee's findings of the review have been tabled in both Houses of the Parliament.

(6) In this section:

compulsory enhanced income management means the enhanced income management regime set out in Subdivisions A to F and H of Division 2, and Subdivisions A to B of Division 3, of Part 3AA.

compulsory income management means the income management regime set out in sections 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF and 123UFAA, and Subdivisions BA, BB and C of Division 2, and Subdivisions B to DAA of Division 5, of Part 3B.

human rights has the same meaning as in the Human Rights (Parliamentary Scrutiny) Act 2011.

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

Schedule 6 — Review by Senate Committee

Social Security (Administration) Act 1999

1 At the end of Part 7

Add:

243B Review by Senate Committee

The Senate Community Affairs References Committee, or such other committee constituted under a resolution of the Senate, must:

(a) begin a review of each legislative instrument made by the Minister for the purposes of Part 3AA or Part 3B within 3 months after the day the instrument is tabled in the Senate; and

(b) report the Committee's findings to the Senate as soon as practicable after completing each review.

These amendments will improve a bad bill. They won't make it good enough for us to vote for it, but they will improve it.

Item (2) introduces a requirement to report on the costs of the SmartCard scheme. Item (3) requires a review by the Parliamentary Joint Committee on Human Rights—the first one within a year and, subsequently, a review every three years. We know that this won't stop the worst harms of the bill, and we would absolutely seek to do that if we could, but at least this review process will provide some accountability. Item (4) requires a review by the Senate community affairs committee if and when the minister makes a legislative instrument expanding either the BasicsCard or the SmartCard. One of the key concerns that we have with this legislation is that it expands the minister's power in a dangerous way, so I hope that all of these amendments will be supported by the Senate.