2022-2023

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

ENDING POVERTY IN AUSTRALIA (ANTIPOVERTY COMMISSION) BILL 2023

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

(Circulated by authority of Senator Rice)

 

ENDING POVERTY IN AUSTRALIA (ANTIPOVERTY COMMISSION) BILL 2023

 

OUTLINE

 

Across Australia, millions of people are living below the poverty line, either unable to access income support, or relying on inadequate payments that are below the poverty line. The primary working age payment (currently named ‘JobSeeker’) has had only minimal increases above inflation over a span of decades. Everyone should have enough to cover their basic needs.

 

The object of this Bill is to establish a legislated, independent, evidence-based process that draws on the experience of people living in poverty, to provide advice to Parliament. The Antipoverty Commission will be able to provide advice on:

●                poverty in Australia;

●                the causes of poverty in Australia;

●                approaches to reducing poverty in Australia; and;

●                minimum levels of social security payments.

 

Among the key features of the Antipoverty Commission are that it will:

●                undertake antipoverty reviews, examining the level of poverty in Australia;

●                undertake social security payment reviews, to determine whether payment rates are adequate; and

●                have a President and members approved by a Joint Parliamentary Committee, ensuring scrutiny of government appointments.

 

In addition, the Government must publicly respond to the recommendations made by the Antipoverty Commission.

 

NOTES ON CLAUSES

Clause 1: Short Title

1.           Clause 1 is a formal provision specifying the short title of the Bill.

Clause 2: Commencement

2.           Proposed sections 1 and 2 in this Bill will commence on the day the Bill receives the Royal Assent. Proposed sections 3 to 54 would commence on the day the Consolidated Revenue Fund is appropriated under an Act to the Department in which this Bill is administered for payment to the Commission.

Clause 3: Principle Object

3.           Clause 3 outlines that the principle objective of the Bill is to establish an Antipoverty Commission to provide the Parliament with independent advice on:

(a)    poverty in Australia; and

(b)    the causes of poverty in Australia; and

(c)    reducing poverty in Australia; and

(d)    minimum levels for social security payments, such that all recipients can meet an accepted contemporary minimum standard of living.

Clause 4: Definitions

4.           Clause 4 provides definitions for terms used in the Bill.

Clause 5: Crown to be bound

5.           Clause 5 provides that the Crown in right of the Commonwealth will be bound by the Bill.

Clause 6: Extension to external Territories

6.           Clause 6 provides that the Bill extends to every external Territory.

Part 2— The Antipoverty Commission

Clause 7: Establishment of an Antipoverty Commission

7.           Clause 7 provides that the Antipoverty Commission is to be established, consisting of the President, and between four to 12 Commissioners. A note at the end of clause 7 explains that the Commission also has a General Manager and staff.

Clause 8: Functions of the Commission

8.           Clause 8 provides that the functions of the Commission are:

(a)    to research, collect, analyse, interpret and disseminate information and knowledge relating to:

(i) poverty in Australia; and

(ii) the causes of poverty in Australia; and

(iii) reducing poverty in Australia;

(b)    to conduct antipoverty reviews;

(c)    to determine the poverty line;

(d)    to conduct social security payment reviews;

(e)    to conduct reviews at the request of the Minister or either House of the Parliament;

(f)     to provide advice to the Minister about matters relating to poverty and social security payments;

(g)    to undertake, on its own initiative, research about matters relating to poverty and social security payments;

(h)    any other functions conferred on the Commission under this Act or any other law;

(i)      to undertake activities to promote public understanding of matters relevant to any of the above functions;

(j)      to do anything incidental or conducive to the performance of any of the above functions.

Clause 9: Powers of the Commission

9.           The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

Clause 10: Directions by the President

10.         Subclause 10(1) provides that President of the Commission may give directions as to the manner in which the Commission is to perform its functions, exercise its powers or deal with matters.

 

11.         Subclause 10(2) provides that President may give a direction that is of a general nature, or that relates to a particular matter, to either or both a Commissioner or the General Manager.

 

12.         Subclause 10(3) provides that the direction must not relate to the recommendations to be set out in a report of a review under this Bill.

 

13.         Subclause 10(4) provides that a person to whom a direction is given must comply with the direction. A note at the end of subclause 10(4) explains that for directions to the General Manager, see clause 40.

 

14.         Subclause 10(5) provides that if a direction is in writing, the direction is not a legislative Instrument.

Clause 11: Antipoverty Reviews

15.         Clause 11 specifies that the Commission must undertake antipoverty reviews at least every three years, or more frequently if directed, including determining a poverty line, areas and groups that are particularly impacted, and provide recommendations as part of the review.

Clause 12: Social security payment reviews

16.         Clause 12 specifies that the Commission must undertake reviews of social security payments.

 

17.         Subclause 12(2) defines a social security payment review as a review of the sufficiency of one or more social security payments. As part of a review the Commission must determine, for each social security payment reviewed:

(a)    the acceptable standard of living for recipients of the payment; and

(b)    whether the current level of the payment provides adequate support to meet that standard; and

(c)    if the Commission determines that the current level, or rate of indexation, of the payment does not provide adequate support to meet that standard—a recommended increase to the level of the payment, or recommended change to the rate of indexation of the payment, that the Commonwealth Government should adopt.

 

18.         Subclause 12(3) provides that for the purpose of making a determination about a social security payment, the Commission must take into account, to the extent that it considers appropriate, the terms upon which the payment is provided (including means-testing for the receipt of or withdrawal of payments) and any other sources of income that may be available to the recipients.

 

19.         Subclause 12(4) outlines that in determining the acceptable standard of living for recipients of a social security payment:

(a)    the Commission must take into account broader changes in community living standards, wage increases, and contemporary accepted budget standards to meet minimum standards of living; and

(b)    an acceptable standard of living (including housing costs) must not result in recipients falling below the poverty line, using the poverty line determined by the Commission under paragraph 11(2)(b) as part of the most recent antipoverty review”.

 

20.         Subclause 12(5) provides that any increase to the level of a payment, or change to a rate of indexation, recommended in accordance with paragraph 12(2)(c) must be such as to, in the Commission’s opinion, provide adequate support to meet the standard referred to in paragraph 12(2)(a).

 

21.         Subclause 12(6) provides that subject to subclauses 12(7) and (8), the Commission may conduct a social security payment review on its own initiative or at the request of an organisation that represents persons in receipt of one or more social security payments.

 

22.         Subclause 12(7) provides that the Commission must conduct a social security payment

review in relation to a social security payment, if

(a)    the Minister, by written instrument given to the President, requests the Commission to conduct a social security payment review relating to that payment; or

(b)    either House of the Parliament, by resolution, requests the Commission to conduct a social security payment review relating to that payment.

 

23.         Subclause 12 (8) provides that the Commission must ensure that each social security payment is the subject of at least one social security payment review every 4 years.

Clause 13: Reviews at the request of the Minister or Parliament

24.         Paragraph 13(1)(a) outlines that the Minister can request the Commission in writing to conduct a review of such matters relating to social security payments as specified in the request.

 

25.         Paragraph 13(1)(b) outlines that either Houses of the Parliament, by resolution, can request the Commission to conduct a review of such matters relating to social security payments as are specified in the resolution.

 

26.         Subclause 13(2) provides that the Commission is to conduct a review of matters requested pursuant to paragraph 13(1)(a) or (b).

Clause 14: Research and advice—own initiative

27.         Clause 14 specifies that the Commission may undertake and provide, on its own initiative, research or advice, in line with the objects of the Act.

Clauses 15 and 16: Requests for advice

28.         Clause 15 enables the Minister to request advice from the Commission.

 

29.         Clause 16 specifies that the Minister may publish the Commission’s advice.

Clause 17: Procedures etc.

30.         Subclause 17(1) provides that subject to this Act, the Commission may determine the

procedures it will use in performing its functions.

 

31.         Subclause 17(2) provides that without limiting subclause 17(1), the Commission may determine the following:

(a)    the timing and frequency of reviews;

(b)    the scope of particular reviews;

(c)    the manner in which they are to be conducted.

 

32.         Subclause 17(3) provides that the Commission must use its best endeavours to give a report of a social security payment review to the Minister at a time when it can be taken into account in the preparation of an annual Commonwealth budget.

 

33.         Subclause 17(4) provides that for the purposes of performing its functions, the Commission may inform itself in any way it thinks appropriate, including by:

(a)    undertaking or commissioning research; or

(b)    consulting with any other person, body or organisation.

Clause 18: Constitution of the Commission

34.         Subclause 18(1) provides that subject to subclause 18(2), a function or power of the Commission must be performed or exercised by the President and the 4 Commissioners.

 

35.         Subclause 18(2) provides that if the President considers it necessary in circumstances where one or more Commissioners are unavailable, the President may determine that, for the purposes of performing or exercising its functions or powers in those circumstances, the Commission is to be constituted by the President and no fewer than 2 Commissioners.

Clause 19: Reviews to be open and transparent

36.         Subclause 19(1) provides that a review under this Act must be conducted in a manner that is open and transparent.

 

37.         Subclause 19(2) provides that without limiting subsection (1), the Commission must, in relation to each review, ensure that all persons and bodies have a reasonable opportunity to make written submissions to the Commission for consideration in the review.

 

38.         Subclause 19(3) provides that the Commission must publish all submissions made to the Commission for consideration in the review.

 

39.         Subclause 19(4) provides that if a submission made by a person or body includes information that is claimed by the person or body to be confidential or commercially sensitive, and the Commission is satisfied that the information is confidential or commercially sensitive, the Commission:

(a)    may decide not to publish the information; and

(b)     may instead publish:

                                i.             a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or

                              ii.             (ii) if the Commission considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published.

 

40.         Subclause 19(5) provides that the Commission must ensure that all persons and bodies have a reasonable opportunity to make comments to the Commission, for consideration in the review, on the material published under subclauses 19(3) and (4).

 

41.         Subclause 19(6) provides that the publishing of material under subclause (3) and (4) may be done in any way the Commission thinks appropriate.

Clause 20: Reports of reviews

42.         Clause 20 provides that the Commission must prepare and give to the Minister a report of:

(a)    an antipoverty review;

(b)    a social security payment review; or

(c)    a review under section 13 (reviews at the request of the Minister or the Parliament).

Clause 21: Reports of reviews—contents

43.         Clause 21 sets out what must and may be included in review reports.

 

44.         Subclause 21(1) sets out that an antipoverty review report must include:

(a)    information and research in regard to the extent of poverty in Australia; and

(b)    the poverty line and the method specified by the Commission to determine the poverty line; and

(c)    the factors which cause poverty in Australia and the impact of poverty in Australia; and

(d)    any recommended actions to reduce poverty in Australia.

 

45.         Subclauses 21(2) provides that an antipoverty review may set out any other recommendations to the Commonwealth Government.

 

45.         Subclause 21(4) provides that a report of a social security payment review must set out the following for each social security payment reviewed:

(a) information and research in regard to the sufficiency of the payment;

(b) the acceptable standard of living for recipients of the payment;

(c) whether the current level of the payment provides adequate support to meet

that standard;

(d) any recommended increase to the level of the payment or change to the rate

of indexation of the payment.

 

46.         Subclauses 21(5) provides that a social security payment review may set out any other recommendations to the Commonwealth Government.

 

47.         Subclauses 21(3) and (6) specify that in relation to antipoverty reviews and social security payment reviews, respectively, the members must use their best endeavours to come to a unanimous decision in making a recommendation to the Commonwealth Government. If a recommendation is not unanimous, the report must be written in such a way that the matters of agreement and difference are disclosed. 

Clause 22: Reports of reviews—tabling and publication

48.         Clause 22 deals with the tabling of the Commissions reports of reviews in Parliament.

 

49.         Subclause 22(1) provides that the Minister must cause copies of a report of a review under this Act to be tabled in each House of the Parliament within 5 sittings days of that House after receiving the report.

 

50.         Subclause 22(2) provides the Commission must publish a report of a review under this bill:

(a)    for a report of a social security payment review or of a review under section 12 at the request of the Parliament—as soon as practicable after giving it to the Minister; and

(b)    for a report of a review under section 12 at the request of the Minister—as soon as practicable after the report is tabled in each House of the Parliament.

 

51.         Subclause 22(3) provides that a report may be published in any way the Commission thinks appropriate.

Clause 23: Government required to respond to recommendations

52.         Clause 23 provides details on what the Government must provide in response to the

Commissions reports.

 

53.         Subclause 23(1) specifies that as soon as practicable, the Government must provide a response to the Commission’s recommendations.

 

54.         Subclause 23(2) specifies that without limiting subclause 23(1), if a report of a social security payment review sets out a recommendation of the kind referred to in paragraph 21(4)(d), the statement must:

(a)    set out whether the Commonwealth Government accepts the recommendation; and

(b)    if the Commonwealth Government accepts the recommendation—the actions the Commonwealth Government proposes to take to implement the recommendation; and;

(c)    if the Commonwealth Government does not accept the recommendation—the reasons for not accepting the recommendation.

 

55.         Subclause 23(3) specifies that the Minister must cause a statement prepared in accordance with subclause 23(1) to be tabled each House of Parliament within six months after receiving the report to which the statement relates.

Clause 24: Publication of other information

56.         Clause 24 provides for the Commission, as it thinks appropriate and in any way it thinks appropriate, to publish any information about the functions conferred on it by this bill or any other Act.

Clause 25: Annual report

57.         Clause 25 provides that the Commission is to prepare an annual report. The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report from the President on the operations of the Commission during that period, and paragraph 25(b) specifies that it must include a statement on the composition of the Commission, and how that is representative of the community, and meets requirements under the legislation.

Part 3— Members of the Antipoverty Commission

Clause 26: Appointment of members

58.         Subclause 26(1) outlines the process of appointment of members of the Commission. A member is to be appointed by the Minister by written instrument.

 

59.         Subclause 26(2) outlines that before appointing a member, the Minister must consult with representative bodies,  State and Territory governments, and the Leader of the Opposition in the House of Representatives. The Minister must also refer the proposed appointment to the Joint Committee for approval, and the Joint Committee must approve the proposal, before the Minister can appoint a member.

 

60.         Subclause 26(3) specifies that a person is not eligible to be appointed as a member unless the Minister is satisfied that the person:

(a)    has been the recipient of a social security payment; or

(b)    has direct experience of poverty; or

(c)    has relevant skills, knowledge or experience in relation to social security law or social security policy.

 

61.         Subclause 26(4) specifies that the instrument appointing a member must specify whether they are appointed as President or as a member of the Commission.

 

62.         Subclause 26(5) provides that a member may be appointed on a full time or part time basis,

as specified in the instrument of appointment, and holds office for the period specified in

the instrument of appointment. The period must not exceed 5 years.

Clause 27: Remuneration

63.         Subclause 27(1) outlines that a member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.

 

64.         Subclause 27(2) outlines that a member is to be paid the allowances that are prescribed by

the regulations.

 

65.         Subclause 27(3) outlines that this section has effect subject to the Remuneration Tribunal

Act 1973.

Clause 28: Leave of absence

66.         Subclause 28(1) outlines that if a member is appointed on a full-time basis:

(a)    the member has the recreation leave entitlements that are determined by the Remuneration Tribunal; and

(b)    the Minister may grant the member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

 

67.         Subclause 28(2) outlines that if the member is appointed on a part-time basis, the Minister

may grant leave of absence to the member on the terms and conditions that the Minister determines.

Clause 29: Other paid work and disclosure of interests

68.         Subclause 29(1) outlines that a member who is appointed on a full-time basis must not engage in paid work outside the duties of his or her office without the Minister’s approval.

 

69.         Subclause 29(2) outlines that a member who is appointed on a part-time basis must not engage in any paid work that conflicts or could conflict with the proper performance of his or her duties.

 

70.         Subclause 29(3) outlines that a member must give written notice to the Minister of all interests (pecuniary or otherwise) that the member has or acquires and that conflict or

could conflict with the proper performance of his or her functions.

 

71.         Subclause 29(4) outlines that subclause 29(3) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act

2013.

Clause 30: Resignation

72.         Subclause 30(1) outlines that a member may resign his or her appointment by giving the Governor-General a written resignation.

 

73.         Subclause 30(2) provides that the resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

Clause 31: Termination of appointment

74.         Subclause 31(1) provides that the Governor-General may terminate the appointment of a member:

(a)    for misbehaviour; or

(b)    if the member is unable to perform the duties of their office because of physical or mental incapacity.

 

75.         Subclause 31(2) provides that the Governor-General may terminate the appointment of a member if:

(a)    the member:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or

(b)    the member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c)    the member engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 25); or

(d)    the member fails, without reasonable excuse, to comply with subsection 25(3) (disclosure of interests); or

(e)    the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

Clause 32: Other terms and conditions

76.         Clause 32 provides that a member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

Clause 33: Acting members

77.         Clause 33(1) provides that the Minister may, by written instrument, appoint a person who meets the requirements set out in subclause 26(3) to act as President:

(a)    during a vacancy in the office of the President (whether or not an appointment has previously been made to the office); or

(b)    during any period, or during all periods, when the President is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

 

78.         Clause 33(2) provides that the Minister may, by written instrument, appoint a person who meets the requirement set out in subclause 26(3) to act as a Commissioner:

(a)    during a vacancy in the office of a Commissioner (whether or not an appointment has previously been made to the office); or

(b)    during any period, or during all periods, when a Commissioner is acting as President, is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Part 4—Parliamentary Joint Committee on Combatting Poverty in Australia

Clause 34: Parliamentary Joint Committee on Combatting Poverty in Australia

79.         Clause 34 establishes a Parliamentary Joint Committee on combatting poverty in Australia.

 

80.         Subclause 34(2) specifies that the Committee will include six senators and six members of the House of Representatives, including five appointed by Government, five appointed by the Opposition, and two members of the Committee who are neither from Government nor Opposition.

 

81.         Subclause 34(3) specifies that the Committee chair will be appointed by the Leader of the Government, and the deputy chair will be appointed by the Leader of the Opposition.

 

82.         Subclause 34(4) specifies that a number of figures (including Government Ministers, the President of the Senate, Speaker of the House of Representatives, or their deputies) are not eligible to be members of the Committee.

 

83.         Subclauses 34(5) to (8) specify the situations in which a member of the Committee may resign or cease to hold that role.

Clause 35: Powers and proceedings of the Joint Committee

84.         Clause 35 specifies that all matters relating to the powers and proceedings of the Committee are to be determined by resolution of both Houses of Parliament.

Clause 36: Functions of the Joint Committee

85.         Clause 36 sets out the functions of the Joint Committee are:

(a)    to approve proposals for appointment of members to the Commission; and

(b)    to review the administration and expenditure of the Commission; and

(c)    to review any matter in relation to the Commission referred to the Joint Committee by:

(i)         the Minister; or

(ii)        a resolution of either House of the Parliament.

Clause 37: Joint Committee may approve or reject recommendation for appointment of Commission member

86.         Clause 37 provides for the Committee to approve or reject the Minister’s recommendation for the appointment of the President or Member of the Commission. The role of the Committee in considering proposed recommendations for appointments would ensure that the President of the Commission and Commission members would have the confidence of the Parliament. If the Minister refers a proposed recommendation for an appointment, the Committee would be required to decide whether to approve or reject the recommendation:

(a)    within 14 calendar days after the referral of the appointment; or

(b)    if, within the first 14 calendar days after the referral, the Committee notifies the Minister that it requires additional time to consider the referral—44 calendar days after the referral.

 

87.         The Committee’s decision whether to approve or reject a proposed recommendation for an appointment would need to be made by a majority. As soon as practicable after making the decision, the Committee would need to give notice in writing to the Minister and report to both Houses of the Parliament. The Committee would be taken to have approved a proposed recommendation for an appointment if the Committee had not given notice within the required timeframe. This would ensure the Committee could not unnecessarily delay the appointment of candidates to these roles, which could affect the Commission’s operations.

Part 5—General Manager, staff and consultants etc.

Clause 38: Establishment

88.         Clause 38 provides that there is to be a General Manager of the Commission.

Clause 39: Functions and powers of the General Manager

89.         Subclause 39(1) provides that the General Manager is to assist the President in ensuring that the Commission performs its functions and exercises its powers.

 

90.         Subclause 39(2) provides that the General Manager has power to do all things necessary or convenient to be done for the purpose of performing his or her functions.

Clause 40: Directions from the President

91.         Subclause 40(1) provides that despite the President’s power of direction under section 10, the General Manager is not required to comply with a direction by the President to the extent that:

(a)    compliance with the direction would be inconsistent with the General Manager’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Commission; or

(b)    the direction relates to the General Manager’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Commission.

Clause 41: Appointment of the General Manager

92.         Subclause 41(1) provides that the General Manager is to be appointed by the Minister by written instrument on the nomination of the President.

 

93.         Subclause 41(2) provides that the General Manager holds office on a full-time basis for the period specified in his or her instrument of appointment. The period must not exceed 5 years. A note at the bottom of this section explains that the General Manager may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Clause 42: Remuneration

94.         Subclause 42(1) provides that the General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager is to be paid the remuneration that is prescribed by the regulations.

 

95.         Subclause 42(2) provides that the General Manager is to be paid the allowances that are prescribed by the regulations.

 

96.         Subclause 42(3) provides that this section has effect subject to the Remuneration Tribunal Act 1973.

Clause 43: Leave of absence

97.         Subclause 43(1) provides that the General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal.

 

98.         Subclause 43(2) provides that the Minister may grant the General Manager leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

Clause 44: Other paid work and disclosure of interests

99.         Subclause 44(1) provides that the General Manager must not engage in paid work outside the duties of his or her office without the Minister’s approval.

 

100.       Subclause 44(2) provides that the General Manager must give written notice to the Minister of all interests (pecuniary or otherwise) that the General Manager has or acquires and that conflict or could conflict with the proper performance of his or her duties.

 

101.       Subclause 44(3) provides that subclause 44(2) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.

Clause 45: Resignation

102.       Subclause 45(1) provides that the General Manager may resign his or her appointment by giving the Minister a written resignation.

 

103.       Subclause 45(2) provides that the resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

Clause 46: Termination of appointment

104.       Subclause 46(1) provides that Minister may terminate the appointment of the General Manager:

(a)    for misbehaviour; or

(b)    if the General Manager is unable to perform the duties of his or her office because of physical or mental incapacity.

 

105.       Subclause 46(2) provides that the Minister may terminate the appointment of the General Manager if:

(a)    the General Manager:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or

(b)    the General Manager is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c)    the General Manager engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 36); or

(d)    the General Manager fails, without reasonable excuse, to comply with subsection 36(2) (disclosure of interests); or

(e)    the General Manager fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

Clause 47: Other terms and conditions

106.       Clause 47 provides that the General Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

Clause 48: Acting General Manager

107.       Subclause 48(1) provides that the Minister may, by written instrument, appoint a person to act as the General Manager:

(a)    during a vacancy in the office of the General Manager (whether or not an appointment has previously been made to the office); or

(b)    during any period, or during all periods, when the General Manager is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Clause 49: Staff

108.       Subclause 49(1) provides that the staff of the Commission must be persons engaged under the Public Service Act 1999 .

 

109.       Subclause 49(2) provides that the purposes of the Public Service Act 1999 :

(a)    the General Manager and the staff of the Commission together constitute a Statutory Agency; and

(b)    the General Manager is the Head of that Statutory Agency.

Clause 50: Delegation by General Manager to staff

110.       Subclause 50(1) provides that the General Manager may, in writing, delegate all or any of his or her functions or powers to:

(a)    a member of the staff of the Commission who is an SES employee or acting SES employee; or

(b)    a member of the staff of the Commission who is in a class of employees prescribed by the regulations.

 

111.       Subclause 50(2) provides that in performing functions or exercising powers under a delegation, the delegate must comply with any directions of the General Manager. A note at the end of subclause 50(2) makes reference to sections 34AA and 34AB of the Acts

Interpretation Act 1901.

Clause 51: Persons assisting the Commission

112.       Clause 51 provides the Commission may also be assisted:

(a)    by employees of Agencies (within the meaning of the Public Service Act 1999 ); or

(b)    by officers and employees of a State or Territory; or

(c)    by officers and employees of authorities of the Commonwealth, a State or a Territory; whose services are made available to the Commissions in connection with the performance of any of its functions.

Clause 52: Consultants

113.       The General Manager may engage persons having suitable qualifications and experience as consultants to the Commission.

Clause 53: Application of the finance law

114.       For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ):

(a)    the Commission is a listed entity; and

(b)    the General Manager is the accountable authority of the Commission; and

(c)    the following persons are officials of the Commission:

(i) the President;

(ii) the Commissioners;

(iii) the General Manager;

(iv) the staff of the Commission referred to in section 41;

(v) persons whose services are made available to the Commission under section 43;

(vi)consultants engaged under section 44; and

(d)    the purposes of the Commission include:

(i) the functions of the Commission referred to in section 8; and

(ii) the functions of the General Manager referred to in section 39.

Part 6—Miscellaneous

Clause 54: Regulations

115.       Section 54 provides that the Governor-General may make regulations prescribing matters:

(a)    required or permitted by this Act to be prescribed by the regulations; or

(b)    necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Ending Poverty in Australia (Antipoverty Commission) Bill 2023

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

Across Australia, millions of people are living below the poverty line, either unable to access income support, or relying on inadequate payments that are below the poverty line. The primary working age payment (currently named ‘JobSeeker’) has had only minimal increases above inflation over a span of decades. Everyone should have enough to cover their basic needs.

The object of this Bill is to establish a legislated, independent, evidence-based process that draws on the experience of people living in poverty, to provide advice to Parliament. The Antipoverty Commission will be able to provide advice on:

●        poverty in Australia;

●        the causes of poverty in Australia;

●        approaches to reduces poverty in Australia; and;

●        minimum levels of social security payments.

Among the key features of the Antipoverty Commission are that it will:

●        undertake antipoverty reviews, examining the level of poverty in Australia;

●        undertake social security payment reviews, to determine whether payment rates are adequate; and

●        have a President and members approved by a Joint Parliamentary Committee, ensuring scrutiny of government appointments.

In addition, the Government must publicly respond to the recommendations made by the Antipoverty Commission.

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

 

Senator Rice