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5       Social Security (Administration) Amendment (Cashless Welfare) Bill 2019

Order of the day read for the further consideration of the bill in committee of the whole.

 

 

 

In the committee

Consideration resumed of the bill— and of the amendments moved by Senator Brown (see entry no. 43, 31 July 2019).

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 28

Senators—

Ayres

Faruqi

McAllister

Steele-John

Bilyk

Gallacher

McKim

Sterle

Brown

Green

O’Neill

Urquhart

Chisholm

Hanson-Young

Pratt

Walsh

Ciccone*

Keneally

Rice

Waters

Di Natale

Kitching

Siewert

Watt

Farrell

Lines

Smith, Marielle

Whish-Wilson

 

 

NOES, 34

Senators—

Abetz

Colbeck

McDonald

Reynolds

Antic

Davey

McGrath*

Roberts

Askew

Fawcett

McKenzie

Ruston

Bernardi

Fifield

McMahon

Scarr

Bragg

Griff

O’Sullivan

Seselja

Brockman

Hanson

Paterson

Smith, Dean

Canavan

Hughes

Patrick

Stoker

Cash

Hume

Rennick

Van

Chandler

Lambie

 

 

 

* Tellers

Question negatived.

Senator Siewert moved the following amendments together by leave:

Schedule 1, item 9, page 5 (line 9), omit “an offence”, substitute “a serious offence”.

Schedule 1, item 9, page 5 (after line 19), after subsection 124PHB(3), insert:

  (3A)   For the purposes of subparagraph 124PHB(3)(a)(ii), a serious offence means an offence where:

                              (a)  the offence:

                                                  (i)   involves violence against a person; or

                                                 (ii)   is a serious drug offence; or

                                                (iii)   involves serious damage to property; and

                              (b)  the offence is punishable by:

                                                  (i)   imprisonment for life; or

                                                 (ii)   imprisonment for a fixed term of not less than 3 years; or

                                                (iii)   imprisonment for a maximum term of not less than 3 years.

Schedule 1, item 9, page 6 (lines 1 to 6), omit subsection 124PHB(8), substitute:

Reconsideration of Secretary’s determination

     (8)   If a health or community worker:

                              (a)  has a direct professional relationship with a person who is the subject of a determination under subsection (3); and

                              (b)  considers that it is necessary for the person to be a trial participant for medical or safety reasons;

the worker may request the Secretary to reconsider the determination.

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 28

Senators—

Ayres

Faruqi

McAllister

Steele-John

Bilyk

Gallacher

McKim

Sterle

Brown

Green

O’Neill

Urquhart

Chisholm

Hanson-Young

Pratt

Walsh

Ciccone*

Keneally

Rice

Waters

Di Natale

Kitching

Siewert

Watt

Farrell

Lines

Smith, Marielle

Whish-Wilson

 

 

NOES, 34

Senators—

Abetz

Colbeck

McDonald

Reynolds

Antic

Davey

McGrath*

Roberts

Askew

Fawcett

McKenzie

Ruston

Bernardi

Fifield

McMahon

Scarr

Bragg

Griff

O’Sullivan

Seselja

Brockman

Hanson

Paterson

Smith, Dean

Canavan

Hughes

Patrick

Stoker

Cash

Hume

Rennick

Van

Chandler

Lambie

 

* Tellers

Question negatived.

Senator Brown moved the following amendment:

Page 6 (after line 31), at the end of the bill, add:

Schedule 2 Community support for cashless welfare arrangements

Social Security (Administration) Act 1999

1  Subsection 124PD(1)

Insert:

community discussion report : see subsection 124PV(4).

community support report : see subsection 124PT(2).

2  Subsection 124PD (1) (definition of voluntary participant )

Omit “subsection 124PH(3)”, substitute “subsections 124PH(3) and 124PHAA(4)”.

3  At the end of section 124PG

Add:

     (7)   A person ceases to be a trial participant on 31 January 2020 unless a determination is made under section 124PV that applies to the Ceduna area.

4  At the end of section 124PGA

Add:

     (7)   A person ceases to be a trial participant on 31 January 2020 unless a determination is made under section 124PV that applies to the East Kimberley area.

5  At the end of section 124PGB

Add:

     (7)   A person ceases to be a trial participant on 31 January 2020 unless a determination is made under section 124PV that applies to the Goldfields area.

6  At the end of section 124PGC

Add:

     (7)   A person ceases to be a trial participant on 31 January 2020 unless a determination is made under section 124PV that applies to the Bundaberg and Hervey Bay area.

7  Section 124PH (at the end of the heading)

Add “ —general ”.

8  Paragraph 124PH(1)(bd)

Repeal the paragraph, substitute:

                            (bd)  subsection (2A), (2B) or (2C) apply to the person; and

9  After subsection 124PH(1)

Insert:

  (2A)   This subsection applies to a person if, before 31 January 2020, the person is not subject to the income management regime under Part 3B.

  (2B)   This subsection applies to a person if, on or after 31 January 2020, the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF.

  (2C)   This subsection applies to a person if:

                              (a)  a determination has been made under section 124PV that applies to the trial area that is the person’s usual place of residence; and

                              (b)  the person is not subject to the income management regime under Part 3B.

10  At the end of Subdivision B of Division 1 of Part 3B

Add:

124PHAA   Voluntary participants—Bundaberg and Hervey Bay area

     (1)   This section applies on and after 31 January 2020 unless a determination is made under section 124PV that applies to the Bundaberg and Hervey Bay area.

     (2)   A person may notify the Secretary, orally or in writi ng, that the person wishes to be subject to cashless welfare arrangements if:

                              (a)  the person’s usual place of residence is, becomes or was within the Bundaberg and Hervey Bay area; and

                              (b)  the person is receiving newstart allowance, youth allowance (where neither section 540AA of the 1991 Act (about new apprentices) nor paragraph 541(1)(a) of the 1991 Act (about full-time study) applies) or parent ing payment; and

                               (c)  the person is under 35 years of age on the day this section commences and the person has not turned 36 years of age; and

                              (d)  the person does not have a Part 3B payment nominee (within the meaning of Part 3B); and

                               (e)  the person is not covered by a determination under subsection 43(3A); and

                               (f)  the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and

                               (g)  the person is not otherwise a trial participant.

     (3)   A person may withdraw the notification at any time.

     (4)   Until a person withdraws the notification, the person is a voluntary participant , unless the Secretary determines that the person is not to be subject to cashless welfare arrangements under subsection (5).

     (5)   The Secretary may determine that a person who is a voluntary participant is not to be subject to cashless welfare arrangements. If the Secretary makes such a determination, the Secretary must notify the person, in writing, accordingly.

11  At the end of Part 3D

Add:

124PT   Community support for trial of cashless welfare arrangement

     (1)   As soon as practicable after this section’s commencement, the Minister must cause a review to determine whether the community in each trial area genuinely supports the trial of a cashless welfare arrangement in that area.

     (2)   The persons conducting the review must provide the Minister a written report (the community support report ) of the review before 31 December 2019.

     (3)   The Minister must publish the report on the Department’s website as soon as practicable after the report is given to the Minister.

     (4)   The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

124PU   Statement on support for the provision of services in trial areas

     (1)   Before 31 December 2019, the Minister must publish on the Department’s website a statement setting out the steps that have been taken by the Commonwealth to support the provision of relevant services in each trial area and set out future improvements to those relevant services.

     (2)   Relevant services in a trial area are services relating to the care, protection, welfare or safety of adults, child ren or families including economic development and employment programs, early intervention and community services, and drug and alcohol rehabilitation services.

     (3)   The Minister must cause copies of the statement to be tabled in each House of the Parliament within 15 sitting days of that House after the statement’s publication.

124PV   Determination to allow for continuation of cashless welfare arrangement in trial area

     (1)   The Minister may, by legislative instrument, make a determination in relation to a trial area if the Minister is satisfied the community in the trial area genuinely supports the trial of a cashless welfare arrangement in that area.

     (2)   In determining whether the community genuinely supports the trial, the Minister must have regard to all of the following:

                              (a)  the community support report in relation to the trial area;

                              (b)  the community discussion report in relation to the trial area;

                               (c)  any submissions made to the Minister under subsection (5);

                              (d)  the views of communities bodies (if any) in the trial area.

     (3)   The determination must set out the Minister’s reasons for being satisfied the community in the trial area genuinely supports the trial of a cashless welfare arrangement in that area.

     (4)   Before making the determination, the Minister must cause:

                              (a)  a meeting to occur in the trial area for the community to discuss with the Department the effect of the determination if made; and

                              (b)  a report (the community discussion report ) to be prepared of the discussion that occurred at the meeting; and

                               (c)  the community discussion report to be published on the Department’s website.

     (5)   Before making the determination, the Minister must publish a notice inviting written submissions about making of the determination to be provided on or before a day (the closing day) that is no earlier than 2 weeks after the day of the notice’s publication.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 28

Senators—

Ayres

Gallacher

McAllister

Steele-John

Bilyk

Gallagher

McKim

Sterle

Brown

Green

O’Neill

Urquhart

Chisholm

Hanson-Young

Pratt

Walsh

Ciccone*

Keneally

Rice

Waters

Di Natale

Kitching

Siewert

Watt

Faruqi

Lines

Smith, Marielle

Whish-Wilson

NOES, 33

Senators—

Abetz

Colbeck

Hume

Reynolds

Antic

Davey

Lambie

Roberts

Askew

Duniam

McDonald

Ruston

Bernardi

Fawcett

McMahon

Scarr

Bragg

Fifield

O’Sullivan

Seselja

Brockman*

Griff

Paterson

Smith, Dean

Canavan

Hanson

Patrick

Stoker

Cash

Hughes

Rennick

Van

Chandler

 

* Tellers

Question negatived.

Bill agreed to and reported without amendment.

 

 

 

On the motion of the Minister for Families and Social Services (Senator Ruston) the report from the committee was adopted and the bill read a third time.