Sue Lines (President) Share this | Hansard source

I will now deal with the requests for amendments circulated by the Australian Greens. The question is that the request for amendments on sheet 2154 and the amendments on sheet 2155 be agreed to.

The Greens circulated request for amendment s on sheet 215 4 read as follows—

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

(2) Page 10 (after line 17), at the end of the Bill, add:

Schedule 3 — Increases to maximum basic rate of various payments

Part 1 — Age pension, carer payment and disability support pension

Social Security Act 1991

1 Point 1064-B1 (table B)

Repeal the table, substitute:

2 Point 1065-B1 (table B)

Repeal the table, substitute:

Part 2 — Disability support pension (under 21)

Social Security Act 1991

3 Point 1066A-B1 (table B)

Repeal the table (not including the notes), substitute:

4 Point 1066B-B1 (table B)

Repeal the table (not including the notes), substitute:

Part 3 — Youth allowance

Social Security Act 1991

5 Point 1067G-B2 (table BA)

Repeal the table (not including the note), substitute:

6 Point 1067G-B3 (table BB)

Repeal the table (not including the note), substitute:

7 Point 1067G-B4 (table BC)

Repeal the table (not including the note), substitute:

Part 4 — Austudy payment

Social Security Act 1991

8 Subpoint 1067L-B2(1) (table BA)

Repeal the table (not including the note), substitute:

9 Point 1067L-B3 (table BB)

Repeal the table, substitute:

Part 5 — Jobseeker payment

Social Security Act 1991

10 Point 1068-B1 (table B)

Repeal the table (not including the notes), substitute:

Part 6 — Parenting payment (single)

Social Security Act 1991

11 Point 1068A-B1

Omit "$21,470.80 per year ($825.80 per fortnight)", substitute "$32,032.00 per year ($1,232.00 per fortnight)".

Part 7 — Parenting payment (partnered)

Social Security Act 1991

12 Point 1068B-C2 (table C)

Repeal the table (not including the notes), substitute:

Part 8 — Service pension, income support supplement and veteran payment

Veterans' Entitlements Act 1986

13 Point SCH6-B1 (table B-1)

Repeal the table (not including the notes), substitute:

14 Point SCH6-B2 (table B-2)

Repeal the table (note including the notes), substitute:

Part 9 — Application of amendments

15 Application of amendments

(1) The amendments of the Social Security Act 1991 made by this Schedule apply in relation to working out the following:

(a) the rate of a person's disability support pension, youth allowance, austudy payment, jobseeker payment, pension PP (single), benefit PP (partnered), age pension or carer payment for days occurring on or after the day this item commences;

(b) the rate of a person's farm household allowance under the Farm Household Support Act 2014 for days occurring on or after the day this item commences.

(2) For the purposes of indexing an amount:

(a) specified in a table of the Social Security Act 1991 as substituted by an item of this Schedule; and

(b) on the first indexation day for the amount that occurs after the day this item commences;

the current figure for the amount immediately before that first indexation day is taken to be that specified amount.

(3) The amendments of the Veterans' Entitlements Act 1986 made by this Part apply in relation to working out the rate of a person's service pension, income support supplement or veteran payment for days occurring on or after the day this item commences.

(4) For the purposes of indexing an amount:

(a) specified in a table of Schedule 6 to the Veterans' Entitlements Act 1986 as substituted by an item of this Schedule; and

(b) on the first indexation day for the amount that occurs after the day this item commences;

the current figure for the amount immediately before that first indexation day is taken to be that specified amount.

(3) Page 10 (after line 17), at the end of the Bill, add:

Schedule 4 — Increase to income free areas for certain payments

Part 1 — Disability support pension (under 21)

Social Security Act 1991

1 Point 1066A-F3 (table item 1, column 3)

Omit "$2,184", substitute "$7,800".

2 Point 1066A-F3 (table item 1, column 4)

Omit "$80", substitute "$300".

3 Point 1066A-F3 (table item 2, column 3)

Omit "$1,924", substitute "$7,800".

4 Point 1066A-F3 (table item 2, column 4)

Omit "$70", substitute "$300".

5 Point 1066A-F3 (table item 3, column 3)

Omit "$1,924", substitute "$7,800".

6 Point 1066A-F3 (table item 3, column 4)

Omit "$70", substitute "$300".

7 Point 1066A-F3 (table item 4, column 3)

Omit "$1,924", substitute "$7,800".

8 Point 1066A-F3 (table item 4, column 4)

Omit "$70", substitute "$300".

Part 2 — Youth allowance (other)

Social Security Act 1991

9 1067G-H29(b)

Omit "$150", substitute "$300".

Part 3 — Jobseeker payment

Social Security Act 1991

10 Point 1068-G12

Omit "$150", substitute "$300".

Part 4 — Parenting payment (single)

Social Security Act 1991

11 Point 1068A-E14 (table item 1, column 2)

Omit "$2,600", substitute "$7,800".

12 Point 1068A-E14 (table item 1, column 3)

Omit "$100", substitute "$300".

Part 5 — Parenting payment (partnered)

Social Security Act 1991

13 Point 1068B-D27

Omit "$150", substitute "$300".

Part 6 — Application of amendments

14 Application of amendments

(1) The amendments of the Social Security Act 1991 made by this Schedule apply in relation to working out the following:

(a) the rate of a person's disability support pension, youth allowance, jobseeker payment, pension PP (single) or benefit PP (partnered) in respect of days occurring on or after the day this item commences;

(b) whether a person's farm household allowance under the Farm Household Support Act 2014 is payable in respect of days occurring on or after the day this item commences.

(2) For the purposes of indexing an amount:

(a) specified in:

(i) the table in point 1066A-F3 of the Social Security Act 1991, as amended by this Schedule; or

(ii) the table in point 1068A-E14 of that Act, as amended by this Schedule;

(b) on the first indexation day for the amount that occurs after the day this item commences;

the current figure for the amount immediately before that first indexation day is taken to be that specified amount.

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (2)

Amendment (2) is framed as a request because it amends the bill to increase the various maximum basic rate amounts of age pension, carer payment, disability support pension, disability support pension (under 21), youth allowance, austudy payment, jobseeker payment, farm household allowance, parenting payment (single), parenting payment (partnered), service pension, income support supplement and veteran payment. As the effect of this amendment will be that relevant recipients will receive a higher rate of payment, it will result in an increase in expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999, section 105 of the Farm Household Support Act 2014 and section 199 of the Veterans' Entitlements Act 1986.

Amendment (3)

Amendment (3) is framed as a request because it amends the bill to increase the ordinary income free area for the disability support pension (under 21), youth allowance (other), jobseeker payment, parenting payment (single) and parenting payment (partnered) under the Social Security Act 1991. As the income free area is the amount of income a person can receive before their payment begins to decrease, increasing the income free area would result in some recipients receiving a higher rate of payment and would also increase the number of people for whom payments are payable.

Increasing the income free area for youth allowance (other) and jobseeker payment under the Social Security Act 1991 will also increase the number of people for whom the farm household allowance is payable under the Farm Household Support Act 2014. This is because the income free area for youth allowance and jobseeker payment is used to work out whether the farm household allowance is payable.

The effect of the amendment would increase expenditure under the standing appropriation in section 242 of the Social Security (Administration) Act 1999 and section 105 of the Farm Household Support Act 2014.

Amendment (1)

Amendment (1) amends the commencement table of the bill and is consequential to either of the other amendments being agreed to. As amendments (2) and (3) are framed as requests, amendment (1) is also framed as a request.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendments (2) and (3)

If the effect of the respective amendments is to increase expenditure under the standing appropriations in section 242 of the Social Security (Administration) Act 1999, section 105 of the Farm Household Support Act 2014 and section 199 of the Veterans' Entitlements Act 1986 then it is in accordance with the precedents of the Senate that the amendments be moved as requests.

Amendment (1)

This amendment is consequential on the respective requests. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.

The Greens circulated request for amendments on sheet 2155 read as follows—

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

(2) Page 10 (after line 17), at the end of the Bill, add:

Schedule 5 — Mutual obligations and participation requirements

Part 1 — Removing employment pathway plans

Social Security Act 1991

1 Subsections 14 A( 1) and (2)

Omit "and Division 3A of Part 3 of the Administration Act".

2 Subsection 14 A( 7)

Repeal the subsection.

3 Subsection 23(1) (paragraphs (aa) and (a) of the definition of compliance penalty period )

Repeal the paragraphs.

4 Subsection 23(1) (definition of Employment Department )

Omit "Division 3AA of Part 3 of the Administration Act", substitute "the Fair Entitlements Guarantee Act 2012".

5 Subsection 23(1) (definition of Employment Minister )

Omit "Division 3AA of Part 3 of the Administration Act", substitute "the Fair Entitlements Guarantee Act 2012".

6 Subsection 23(1) (definitions of employment pathway plan , satisfies the employment pathway plan requirements and unsuitable )

Repeal the definitions.

7 Paragraphs 500(1)(c) and (ca)

Repeal the paragraphs.

8 Subsections 500(2), (2A) and (2B)

Repeal the subsections.

9 Subsection 540(2)

Repeal the subsection (including the notes), substitute:

(2) A person satisfies this subsection if the person:

(a) has attained the minimum age for youth allowance (see section 543A); and

(b) is not yet 18 years old; and

(c) satisfies the criteria prescribed by the Minister.

(2A) The Minister may, by legislative instrument, prescribe criteria for the purposes of paragraph (2)(c).

Note: A person receiving youth allowance, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

10 Subsection 540 AB( 1)

Omit "and ending in accordance with subsection (3)".

11 Paragraph 540AB(1)(e)

Repeal the paragraph.

12 Subsection 540 AB( 3)

Repeal the subsection.

13 Paragraph 593(1)(b)

Repeal the paragraph.

14 Subsection 593(1AC)

Repeal the subsection.

15 Paragraph 593(1 D)( e)

Omit "; and", substitute ".".

16 Paragraph 593(1 D)( f)

Repeal the paragraph.

17 Subsection 593(1F)

Repeal the subsection.

18 Paragraphs 729( 2)( bc ) and (bd)

Repeal the paragraphs.

19 Subparagraphs 729(2)(d)( i ) to ( iic )

Repeal the subparagraphs.

20 Paragraph 729( 2)( da)

Repeal the paragraph.

21 Subparagraphs 729(2)(dc)(iii) to (vii)

Repeal the subparagraphs.

22 Paragraph 729(2)(g)

Repeal the paragraph.

23 Subsections 729(2A) and (2B)

Repeal the subsections.

24 At the end of Part 3 of Schedule 1A

Add:

151 Persons not required to comply with employment pathway plan requirements

(1) For the purposes of applying this Act and the Administration Act on and after the commencement day in relation to a person, the person is taken to:

(a) satisfy the employment pathway plan requirements; and

(b) satisfy the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.

(2) For the purposes of this section, commencement day means the day this item commenced.

152 Persons under 18 receiving youth allowance

If a person:

(a) was qualified for youth allowance in accordance with subparagraph 540(1)(a)(iii) immediately before the commencement of this item; and

(b) has attained the minimum age for youth allowance (see section 543A); and

(c) is not yet 18 years old;

then the person is taken to have satisfied the criteria prescribed by the Minister for the purposes of paragraph 540(2)(c) until youth allowance ceases to be payable to the person.

Social Security (Administration) Act 1999

25 Divisions 2A, 2B, 2C, 3AA and 3A of Part 3

Repeal the Divisions.

26 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 or repeals made by this Part.

(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 this Act.

Part 2 — Removing the program of support

Social Security Act 1991

27 Paragraph 94( 2)( aa)

Repeal the paragraph.

28 Subsections 94(3A), (3C), (3D) and (3E)

Repeal the subsections.

29 After paragraph 94(5)(a)

Insert:

(ab) a person participates in voluntarily; and

30 Sections 94A to 94F

Repeal the sections.

The question is that the request for amendments on sheet 2154 and the amendments on sheet 2155 be agreed to.