Ms HALL (12:07 PM) —I rise to  speak on the Family Assistance Legislation Amendment (Participation Requirement) Bill 2009. From 1 January 2010, this bill introduces a participation requirement for a family tax benefit part A: children aged 16 to 20. Under this requirement, family tax benefit A will only be paid to children aged 16 to 20 if they have completed their final year of secondary school or equivalent level of education, or are working towards achieving this through full-time study. I need to place on record my disappointment that no-one from the opposition will be speaking on this legislation. The shadow minister has withdrawn from speaking on it. We are dealing with legislation that refers to young people and young people’s opportunities in life and it really worries me that the opposition cannot make the commitment towards young people.

This legislation not only places a compliance requirement on young people to undertake study but also creates an opportunity. It creates the opportunity for young people to earn or learn. This legislation reinforces the compact that was announced previously. This legislation also provides that once a child has satisfied the test, which is to undertake learning, the family tax benefit A continues to be paid subject to other existing rules relating to age and income et cetera.

A very important part of the legislation is that there will be capacity to exempt a young person from the family tax benefit activity test in certain circumstances. These are very reasonable circumstances that I deem to be essential enough for me to stand up here and support the legislation wholeheartedly today. The first circumstance is that if there is no locally accessible, approved course of educational study, including any such course available by distance education, for a young person, they will be exempt. This is a very important requirement. The second circumstance is where there is such a course but with no places available. We all know that in some areas young people try to enrol in courses but there are no places available. Even in my own area, where we have access to quality education through our TAFE colleges and schools, sometimes it is not possible for a young person to obtain a place. The third circumstance is when a person is not qualified to undertake the course or the person lacks the capacity to undertake the course due to physical, psychiatric, intellectual or learning disability. Learning disability was one of the areas that I felt was very important for us to provide an exemption on. The fourth circumstance is where, in the secretary’s opinion, special circumstances make it unreasonable for that person to undertake a course.

The new rules will start on 1 January 2010. However, they will be applied and implemented progressively. New claimants from January 2010, including those receiving the end-of-year lump sum past period payment, will be subject to the new activity test. I believe this is good legislation. I support it. I see it as legislation that is creating an opportunity for young people to learn. It shows that the Rudd government is committed to seeing that every young person either earns or learns. The government is committed to putting incentives in place for this to happen while recognising that there are special circumstances where it is not appropriate.

I note that the Minister for Families, Housing, Community Services and Indigenous Affairs has entered the chamber. Before concluding my contribution to this debate, I would like to put on record the fine work that she has done not only in this area but across the board and, in particular, the enormous contribution that she has made this week during the apology to the forgotten people. The minister has gone above and beyond what should be expected. She is an ideal minister to be working in this portfolio. She is concerned and has compassion, but at the same time she brings a knowledge base to her portfolio. So I would like to place on record my congratulations to her not only for the legislation that she has drafted and that we are debating here in the chamber but also for the fine work that she has done in relation to the apology.