Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Family Law Amendment (Review of Government Support for Single Parents) Bill 2018

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

2016-2017-2018

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

Family Law Amendment (Review of Government Support for Single Parents) Bill 2018

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

Andrew Wilkie MP

 

 

 

Family Law Amendment (Review of Government Support for Single Parents) Bill 2018

 

OUTLINE

 

This bill seeks to amend the Family Law Act 1975 to require the Australian Institute of Family Studies to conduct a review to report on the impact of the 2013 decision by the then Government to transfer certain parents from Parenting Payment to Newstart when their youngest child turns eight. The review would also consider the high rates of poverty in single parent households, what effect the current rates of government pensions and payments have on this, and what the Government can do to better support single parents. The review enabled by this bill would be required to presented in a written report within six months to the Minister and tabled in both Houses of Parliament.

 

FINANCIAL IMPACT

 

The bill will have no financial impact.

 

NOTES ON CLAUSES

 

Clause 1: Short title

 

1.       This clause is a formal provision and specifies the short title of the Act as the Family Law Amendment (Review of Government Support for Single Parents) Act 2018.

 

Clause 2: Commencement

 

2.       This clause provides for the commencement of the Act on the day on which it receives Royal Assent.

 

Clause 3: Schedules

 

3.       This clause establishes that, as the intent of the bill is to be realised through amendments to another Act, the schedules of this bill will amend that Act accordingly.

 

Schedule 1:  Amendments

 

Family Law Act 1975

 

Item 1: At the end of subsection 114B(2)

 

1.       Section 114B of the Family Law Act 1975 establishes the Australian Institute of Family Studies and subsection 114B(2) sets out the functions of the Institute. Item 1 adds a further function of the Institute which is to conduct the review set out in this bill.

 

Item 2: After section 114B

 

2.       Item 2 inserts a new section 114BA into the Act, which sets out the requirements for a review.

3.       Subclause 114BA(1) sets out the terms of reference for the review.

4.       Subclause 114BA(2) requires the Director of the Institute to provide the Minister with a written report of the review within six months after this Act commences.

5.       Subclause 114BA(3) requires the Minister administering the Act to cause copies of the report to be tabled in each House of Parliament within 15 sitting days after the report is given to the Minister.

6.       Subclause 114BA(4) defines social security benefit and social security pension , which are referred to in subclause 114BA(1)(b), as having the same meaning as in the Social Security Act 1991 .

 

 



STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

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

 

Family Law Amendment (Review of Government Support for Single Parents) Bill 2018

 

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

 

This bill seeks to amend the Family Law Act 1975 to require the Australian Institute of Family Studies to conduct a review to report on the impact of the 2013 decision by the then Government to transfer certain parents from Parenting Payment to Newstart when their youngest child turns eight. The review would also consider the high rates of poverty in single parent households, what effect the current rates of government pensions and payments have on this, and what the Government can do to better support single parents. The review enabled by this bill would be required to presented in a written report within six months to the Minister and tabled in both Houses of Parliament.

 

Human rights implications

 

This bill engages positively with, among others, Article 23 of the International Covenant on Civil and Political Rights (the right to protection of the family), article 9 of the International Covenant on Economic, Social and Cultural Rights (the right to social security), article 10 of the International Covenant on Economic, Social and Cultural Rights (the right to protection of and support for the family, parents and children), and article 27 of the Convention on the Rights of the Child (the right for children to have access to necessary living conditions).

 

Conclusion

 

This bill is compatible with human rights because it strengthens human rights.

 

 

 

 

Andrew Wilkie MP