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

I move amendment (5) on sheet 1966 revised 2:

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

Schedule 7 — Exiting compulsory enhanced income management and compulsory income management

Social Security (Administration) Act 1999

1 After section 123SH

Insert:

Subdivision GA — When persons not subject to the enhanced income management regime

123SHA Person's mental, physical or emotional wellbeing at risk

(1) A person, other than a person in relation to whom a voluntary enhanced income management agreement is in force, may apply to the Secretary for a determination that the person no longer be subject to the enhanced income management regime under this Part.

(2) The application must:

(a) be made in writing using a form approved by the Secretary; and

(b) be accompanied by the documents and other information required by the form.

(3) The Secretary must determine that a person is no longer subject to the enhanced income management regime under this Part if the Secretary is satisfied that being subject to the regime would pose a risk to the person's mental, physical or emotional wellbeing.

(4) A determination under subsection (3) has effect accordingly.

(5) A determination under subsection (3) is not a legislative instrument.

2 In the appropriate position in Division 2 of Part 3B

Insert:

Subdivision DA — When persons not subject to the income management regime

123UOA Person's mental, physical or emotional wellbeing at risk

(1) A person, other than a person in relation to whom a voluntary income management agreement is in force, may apply to the Secretary for a determination that the person no longer be subject to the income management regime under this Part.

(2) The application must:

(a) be made in writing using a form approved by the Secretary; and

(b) be accompanied by the documents and other information required by the form.

(3) The Secretary must determine that a person is no longer subject to the income management regime under this Part if the Secretary is satisfied that being subject to the regime would pose a risk to the person's mental, physical or emotional wellbeing.

(4) A determination under subsection (3) has effect accordingly.

(5) A determination under subsection (3) is not a legislative instrument.

My final amendment inserts an exit clause. For people who are caught up in compulsory income management that's been forced upon them against their will, this exit clause would allow them to make a case that their mental, physical or emotional wellbeing is at risk by being subject to compulsory income management and so they are able to exit the framework. Under the old cashless debit card, there was an exit clause. It was very hard to do, but at least, if you could show that your physical, mental or emotional wellbeing was at risk, you were able to exit. Under this legislation, that clause doesn't exist. There is not even an exit clause for people who are being harmed by compulsory income management. Again, this is a very reasonable measure that I think should have the support of everybody in this place.