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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
ECONOMIC INCLUSION ADVISORY COMMITTEE BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by the authority of the
Minister for Social Services, the Hon Amanda Rishworth MP)
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ECONOMIC INCLUSION ADVISORY COMMITTEE BILL 2023
OUTLINE
This Bill establishes the Economic Inclusion Advisory Committee (the Committee). The
Committee will bring together a diverse range of experts to give advice to Government
on policy settings, systems and structures that may help to address complex social
problems and entrenched disadvantage in new and innovative ways. This will assist
in putting forward solutions to deal with the systems and structures that are barriers
for those facing disadvantage.
The Committee will consist of a Chair and up to 13 members, comprising of
economists, academics, union and business representatives and community
advocates. These members will be appointed by the Minister for Social Services in
consultation with the Treasurer. Members will hold office on a part-time basis for a
period of three years and will be eligible for reappointment once their term ends.
The Committee will provide annual advice in a report to Government on a range of
matters with a focus on economic inclusion and boosting participation, the adequacy
and sustainability of income support payments and reducing barriers to economic
participation. The findings of the Committee will be published on the Department of
Social Services' website.
The Minister and Treasurer may jointly direct the Committee to consider specific
issues within its set remit, which will ensure that the Government can seek advice on
areas of priority. When the Committee is considering matters they must also have
regard to the Government's economic and fiscal outlook and fiscal strategy, existing
policies and the long-term sustainability of the social security system.
The Committee will provide a report to Government ahead of each Federal Budget
which the Government may consider as part of the Budget process.
Within five years from the commencement of the Bill, its operation will be subject to an
independent review. This is to ensure that the Committee is meeting its goals and
objectives as set out in its legislated functions. The person or persons undertaking the
review will provide the Minister for Social Services and the Treasurer a written report
within six months of the commencement of the review.
The establishment of the Committee as a statutory body signals the Government's
commitment to provide support to Australians who need it most, and the commitment
to listen to experts, stakeholders and community views to inform decisions in the
Budget, while acting in a fiscally responsible manner.
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Financial impact statement
The Government is providing $8.7 million over 4 years from 2023-24 (and
$2.2 million per year ongoing) to support the Economic Inclusion Advisory
Committee with secretariat and research support.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
The statement of compatibility with human rights appears at the end of this
explanatory memorandum.
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ECONOMIC INCLUSION ADVISORY COMMITTEE BILL 2023
NOTES ON CLAUSES
Abbreviations used in this explanatory memorandum
In this explanatory memorandum, unless the contrary is indicated:
• Acts Interpretation Act means the Acts Interpretation Act 1901.
• APS means Australian Public Service in accordance with the Public Service
Act 1999.
• Bill means the Economic Inclusion Advisory Committee Bill 2023.
• Committee means the Economic Inclusion Advisory Committee.
• Joint Ministers means the Minister for Social Services and the Treasurer.
• Legislation Act means the Legislation Act 2003.
• SES means the Senior Executive Service established by section 35 of the
Public Service Act 1999.
Background
The Economic Inclusion Advisory Committee Bill 2023 (the Bill), establishes the
Economic Inclusion Advisory Committee (the Committee) as an independent statutory
body. The Committee will be a transparent mechanism to provide expert advice to
Government on economic inclusion and tackling disadvantage in relation to policy
settings, systems and structures and the adequacy, effectiveness and sustainability of
income support payments ahead of every Federal Budget.
On 28 November 2022, the Government announced that it would establish the
Committee as a statutory body as part of its agenda to boost economic inclusion and
tackle disadvantage. The Committee was established in an interim capacity as a
non-statutory body and held its first meeting on 16 December 2022.
This legislation seeks to fulfil the Government's commitment to permanently legislate
the Committee and builds on arrangements in place for the interim Committee.
The Committee reflects the Government's commitment to listen to experts,
stakeholders and community views to inform decisions in each Budget. Disadvantage
is a complex and systemic problem. The implementation of this Committee will ensure
that government receives expert advice on how best to support Australians who need
it most and minimise disadvantage across communities.
The Government has taken steps to address disadvantage and promote inclusion in
the economy, and this Committee will ensure the Government is able to build upon
that work each year.
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Explanation of the clauses
Part 1--Preliminary
Clause 1--Short title
Clause 1 sets out the short title of this Bill when it becomes law. It specifies that the
Bill shall be known as the Economic Inclusion Advisory Committee Act 2023.
Clause 2--Commencement
Clause 2 includes a table setting out the commencement dates for the Bill. The whole
of the Bill is to commence the day after it receives Royal Assent.
Clause 3--Simplified outline of this Act
Clause 3 provides a simplified outline of the Bill to help readers understand the
substantive provisions. This is included as a navigation aid for the reader and is not
intended to be comprehensive. The reader should consult the substantive provisions
to understand the rights and obligations that arise under this Part.
Clause 4--Definitions
Clause 4 sets out the following definitions for terms used in this Bill:
Chair means the Chair of the Committee
Committee means the Economic Inclusion Advisory Committee established by
Clause 7.
Indigenous person means a person who is:
(a) a member of the Aboriginal Race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
Joint Ministers means the Minister and the Treasurer.
This definition reflects the fact that the Committee will report to both the
appropriate Minister and the Treasurer. The Minister is currently the Minister
for Social Services.
Clause 5--Functions or powers of the Joint Ministers
Clause 5 provides that if this Bill gives a function or a power to the Joint Ministers, the
function or power is to be performed or exercised by both Ministers jointly.
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Part 2--Economic Inclusion Advisory Committee
Division 1--Introduction
Clause 6--Simplified outline of this Part
Clause 6 provides a simplified outline of Part 2 to help readers understand the
substantive provisions. This is included as a navigation aid for the reader and is not
intended to be comprehensive. The reader should consult the substantive provisions
to understand the rights and obligations that arise under this Part.
Division 2--Committee establishment and function
Clause 7--Establishment of the Economic Inclusion Advisory Committee
Clause 7 establishes the Economic Inclusion Advisory Committee.
Clause 8--Committee's function--reports ahead of Commonwealth
Government budgets
Clause 8 provides that the Committee's function is to give a written report to the Joint
Ministers ahead of each Commonwealth Government Budget (the report).
Sub-clauses 8(2) to 8(4) deal with the contents of report.
The report must consist of advice prepared by the Committee, about the following
matters as they relate to the policies, programs and responsibilities of the
Commonwealth Government:
• economic inclusion, including approaches to boost economic participation
through policy settings, systems and structures in the social security system
and other relevant programs and policies
• the adequacy, effectiveness and sustainability of income support payments,
including options to boost economic inclusion and tackle disadvantage
• options to reduce barriers and disincentives to work, including in relation to
social security and employment services
• options for tailored responses to address barriers to economic inclusion for
long term unemployed and disadvantaged groups, including place-based
approaches at the local level, having regard to the split between
Commonwealth, State, Territory and local government responsibilities
• the impact of economic inclusion policies on people with barriers to work,
including (without limitation) people with caring responsibilities, Indigenous
Australians and people with disability
• the impact of economic inclusion policies on gender equality
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• the trends of inequality markers in Australia and international comparisons.
In preparing the report, the Committee must have regard to the following matters:
• the Commonwealth Government's economic and fiscal outlook and fiscal
strategy
• workforce participation
• relevant Commonwealth Government policies
• the long-term sustainability of Australia's social security system.
The Committee must demonstrate how they have had regard to these matters. This
will be done through the report. For example, the Committee may reference how their
proposed recommendations are consistent with the Government's fiscal strategy.
Sub-clause 8(5) deals with the timing of the report and provides that the report must
be given to the Ministers with adequate time to consider the report before the
Commonwealth Government Budget is delivered in the House of Representatives.
This will allow the Joint Ministers to consider the views brought forward by experts,
stakeholders and community members as one part of the Budget process.
Sub-clauses 8(6) to 8(8) provides for directions to the Committee by the Joint
Ministers.
The Ministers may, by written notice to the Chair, direct the Committee to:
• ensure that a particular report includes consideration of specified matters, so
long as they fall within the parameters of the matters set out in sub-
clause 8(2)
• Ensure that a particular report under Clause 8 only addresses specified
matters falling within the parameters of the matters set out in sub-clause 8(2),
and deals with no other matters.
The Committee must comply with all directions made under clause 8.
The ability to direct the Committee ensures that governments can leverage the
expertise of the Committee in priority areas of Government. This might be with respect
to certain cohorts or a specific region, or in response to a particular economic event.
The Committee's advice in response to an area of interest identified by the Ministers
will remain independent.
A direction is not a legislative instrument. This provision is included to assist the
reader. It is declaratory of the law and conveys that a direction made under this
provision is not a legislative instrument within the meaning of subsection 8(1) of the
Legislation Act. Such determinations merely apply to a particular person and do not
determine or alter the content of the law.
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Sub-clause 8(9) provides that the Minister must cause to be published a copy of the
findings of the report on the Department's website. This will support transparency by
keeping the Australian public informed about the Committee's advice.
Clause 9--Committee's powers
Clause 9 provides the Committee has power to do all things necessary or convenient
to be done for, or in connection with, the performance of its function.
Division 3--Committee members
Clause 10--Number of committee members
Clause 10 provides that the Committee will consist of up to 14 members, comprising
of a Chair and up to 13 other members.
This is consistent with the structure of the interim Economic Inclusion Advisory
Committee.
Clause 11--Appointments
Clause 11 deals with the appointment of the Chair and other Members.
Sub-clause 11(1) states that the Chair and other members of the Committee are to
be appointed by the Minister by written instrument, on a part-time basis. Clause 27
requires the Minister to consult the Treasurer when the Minister appoints a member of
the Committee.
There is a note to assist the reader, which states that a member may be reappointed,
and directs the reader to section 33AA of the Acts Interpretation Act 1901 (Acts
Interpretation Act). Section 33AA of the Acts Interpretation Act states that if an Act
confers on a person or body a power to make an appointment, the power is taken to
include a power of reappointment.
The appointment process will be consistent with the Cabinet Handbook, which states
that when a significant part-time appointment to a statutory office is proposed, the
responsible minister must write to the Prime Minister seeking approval of the
appointment before any action is finalised.
Sub-clauses 11(2) to 11(3) set out the membership requirements.
In appointing the Chair and other members of the Committee, the Minister must ensure
that each member is one of the following and that there is at least one of each of the
following:
• an academic expert in social security
• an economist
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• a representative of an organisation which advocates, or which consists of
individuals with lived experience, in relation to a matter relevant to the
performance of the Committee's functions (set out in Clause 8)
• a representative of the community sector involved in assisting or supporting
persons who are economically disadvantaged
• a representative of a trade union or peak trade union body
• a representative of an employer or business association, or a representative of
a peak employer or business association
The Minister must also ensure that at least one of the members on the Committee is
an Indigenous person. A person will not be appointed only on the basis that they are
an Indigenous person but must also fall into one of the above categories.
Furthermore, the Minister must have regard to the desirability of the membership of
the Committee reflecting the diversity of the general community. This includes gender
diversity and people with disability and/or lived experience of disability.
Members will be selected on the basis of their experience, and the diverse
perspectives they will bring to support considerations regarding economic inclusion
and disadvantage. This will support the development of innovative ways to address
complex social problems and entrenched disadvantage and allow creative solutions
to be brought forward.
Clause 12--Term of appointments
Clause 12 provides that a member of the Committee will hold office for the period
specified in the member's instrument of appointment. The period of appointment must
not exceed 3 years.
There is a note to assist the reader, which states that a member may be reappointed
and directs the reader to section 33AA of the Acts Interpretation Act. Section 33AA of
the Acts Interpretation Act states that if an Act confers on a person or body a power to
make an appointment, the power is taken to include a power of reappointment.
Clause 13--Acting appointments
Clause 13 deals with acting appointments in various situations. Note that Clause 27
requires the Minister to consult with the Treasurer before making an acting
appointment.
Sub-clauses 13(1) and 13(2) deal with appointments to act during vacancy.
The Minister may, by written instrument, appoint a person to act as the Chair, for a
specified period of not more than 12 months, during a vacancy in the office of the
Chair, whether or not an appointment has previously been made to the office.
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The Minister may also, by written instrument, appoint a person to act as a member of
the Committee other than the Chair, for a specified period of not more than 150 days,
during a vacancy in the office of a member of the Committee other than the Chair,
whether or not an appointment has previously been made to the office.
Sub-clause 13(3) deals with appointments to act during absence or inability to perform
the duties of the office. It provides that the Minister may, by written instrument, appoint
a person to act as a member of the Committee during any period, or during all periods
when a member of the Committee is absent from duty or from Australia or is, for any
reason, unable to perform the duties of the office.
Sub-clause 13(4) sets out the requirements for acting appointments. Specifically, that
the membership requirements as set out in sub-clauses 11(2) and (3), apply in relation
to an acting appointment in the same way it applies to an ordinary appointment under
sub-clause 11(1).
There is a note which directs the reader to sections 33AB and 33A of the Acts
Interpretation Act, for rules that apply to acting appointments. These sections apply to
all acting appointments under this Act.
Section 33AB of the Acts Interpretation Act states that anything done by or in relation
to a person purposing to act under an acting appointment under an Act is not invalid
merely because the occasion to act had not arisen or had ceased.
Subsection 33A of the Acts Interpretation Act sets out standard conditions on acting
appointments, including provisions regarding the terms of the appointment, vacancy
of an office and resignation of appointment. It also provides that whilst acting, the
appointee may exercise all powers and functions of the office.
Clause 14--Allowances
Clause 14 deals with allowances.
Sub-clause 14(1) provides that a member of the Committee is not to be paid any
remuneration.
Sub-clause 14(2) provides that a member of the Committee is to be paid allowances
that are prescribed by the regulations (see Clause 29). Such allowances will
compensate Members for the reasonable cost of travel associated with the Committee.
They may include allowances to cover flights and accommodation costs, as well as
allowances to cover meals and incidentals.
Sub-clause 14(3) clarifies that the office of a member of the Committee is not a public
office within the meaning of the Remuneration Tribunal Act 1975.
Clause 15--Leave of absence
Sub-clause 15(1) deals with a leave of absence of the Chair and states the Minister
may grant leave of absence to the Chair on the terms and conditions that the Minister
determines.
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Sub-clauses 15(2) and 15(3) deal with a leave of absence of a member other than
the Chair. It provides that the Chair may grant a leave of absence to another member
of the Committee on the terms and conditions that the Chair determines. The Chair
must notify the Minister if the Chair grants another member of the Committee leave of
absence for a period that exceeds 3 months.
Clause 16--Disclosure of interests to the Joint Ministers
Clause 16 provides that a member of the Committee must give written notice to the
Joint Ministers of all interests, pecuniary or otherwise, that the member has or acquires
and that conflict or could conflict with the proper performance of the member's
functions.
A failure to disclose relevant interests could be grounds for termination (see Clause
19).
Clause 17--Disclosure of interests to the Committee
Clause 17 deals with the disclosure of interests to the Committee.
A member of the Committee who has an interest, pecuniary or otherwise, in a matter
being considered or about to be considered by the Committee, must disclose the
nature of the interest to a meeting of the Committee. The disclosure must be made as
soon as possible after the relevant facts have come to the member's knowledge.
The member with such an interest must not be present during any deliberation by the
Committee on the matter and must not take part in any decision of the Committee with
respect to the matter.
However, the Committee can determine that a member is allowed to be present during
deliberation and voting on a relevant matter. The relevant member must not be present
during any deliberation of the Committee regarding this determination and must not
take part in making the determination.
Clause 18--Resignation of appointment
Clause 18 provides a resignation process for Committee members, including the
Chair.
A member of the Committee may resign, by giving the Joint Ministers a written
resignation. This resignation takes effect on the day it is received by the Joint
Ministers, or on a later day that is specified in that resignation.
Clause 19--Termination of appointment
Clause 19 provides that the Minister may, at any time, terminate the appointment of a
member of the Committee. The Minister must consult with the Treasurer before
terminating an appointment (see Clause 27).
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Circumstances where the Minister may terminate the appointment a member of the
Committee may include the following:
• termination for misbehaviour
• the member is unable to perform the duties of the member's office because of
physical or mental incapacity
• the member is bankrupt or applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors or compounds with the member's creditors
• the member is absent, except on a leave of absence granted under Clause 15,
from multiple consecutive meetings of the Committee
• the member fails, without reasonable excuse, to comply with Clauses 16 or 17,
dealing with the disclosure of interests
• the member no longer meets the requirements of their appointment.
Clause 20--Other terms and conditions
Clause 20 provides that a member of the Committee holds office on the terms and
conditions (if any) in relation to matters not covered by this Act that are determined by
the Minister.
Division 4--Committee's operation
Clause 21--Holding meetings
Clause 21 provides that the Committee must hold such meetings as necessary for the
efficient performance of its function. This will be a matter for the Committee to
determine.
Clause 22--Quorum
Clause 22 provides that at a meeting of the Committee, a quorum is constituted by 7
members. The quorum of 7 is required to ensure that there is a sufficient number of
members to represent the diverse experience and expertise that is necessary for
considering the complex and multi-faceted issue of economic inclusion and
disadvantage.
However, sub-clause 22(2) provides that where a member of the Committee cannot
be present during deliberation by the Committee on a matter due to disclosing an
interest in a matter to be considered by the Committee (see Clause 17) and there is
no longer a quorum present, the remaining members of the Committee at the meeting
constitute a quorum for the purpose of deliberation or decision at that meeting with
respect to that matter.
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Clause 23--Conduct of meetings
Clause 23 states that the Committee may, subject to this Division, regulate
proceedings at its meetings as it considers appropriate. This may include matters such
as how meetings are conducted and how minutes are recorded.
There is a note to assist the reader, which states that section 33B of the Acts
Interpretation Act contains further information about the ways in which Committee
members may participate in meetings. Section 33B of the Acts Interpretation Act
allows members of a body to participate in a meeting by telephone, closed-circuit
television or any other means of communication.
Clause 24--Departmental Secretary and Treasury Secretary to attend meetings
and provide advice or assistance
Clause 24 provides that the following persons are to attend meetings of the
Committee:
• the Secretary of the Department administered by the Minister (currently the
Department of Social Services)
• the Secretary of the Department of the Treasury.
Sub-clause 24(2) allows the Secretaries to nominate an SES employee, or acting
SES employee, in their respective department to attend a particular meeting of the
Committee instead of that Secretary. Personnel would be nominated on the basis of
their knowledge in subject matters relevant to the Committee.
The Secretaries (or their nominees) may provide reasonable advice or assistance
requested by the Chair for the purposes of the performance of the Committee's
function. However, the Secretaries must not take part in any decision of the Committee
about matters or advice to be included by the Committee in a report under Clause 8.
Part 3--Other matters
Clause 25--Simplified outline of this Part
Clause 25 provides a simplified outline of Part 3 to help readers understand the
substantive provisions. This is included as a navigation aid for the reader and is not
intended to be comprehensive. The reader should consult the substantive provisions
to understand the rights and obligations that arise under this Part.
Clause 26--Staffing
Clause 26 provides that the staff required to assist the Committee are to be Australian
Public Service (APS) employees made available for the purpose by the Secretary of
the Department administered by the Minister (currently the Department of Social
Services) or the Secretary of the Department of the Treasury.
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Clause 27--Minister to consult the Treasurer
Clause 27 provides the Minister must consult the Treasurer before the Minister does
the following:
• appoints a member of the Committee under Clause 11
• appoints a person to act as a member of the Committee under Clause 13
• terminates the appointment of a member of the Committee under Clause 19
• agrees to the persons who are to undertake a review under Clause 28
It is appropriate for the Minister to consult with the Treasurer on the above matters
relating to the operation of the Committee. The Treasurer is responsible for the
Commonwealth Government Budget, and therefore has a critical interest in the
operation of the Committee.
Clause 28--Periodic reviews of the operation of this Act
Clause 28 provides that the Minister must cause independent reviews to be conducted
in relation to the operation of this Act. The person or persons who are to undertake
the review must be agreed between the Minister and the Chair of the Committee. The
Minister must consult with the Treasurer in appointing a person to undertake a review
(see Clause 27).
Without limiting the matters that the review can consider, it must consider whether the
Committee carrying out its function effectively.
The first review must be completed no later than 5 years after the commencement of
the Bill. All subsequent reviews must be completed within 5 years after the completion
of the previous review.
The persons undertaking the review must give the Minister a written report of the
review no later than 6 months after the review starts. The Minister must give a copy of
the report to the Chair as soon as practicable after receiving the report.
The Minister must also cause a copy of the report to be tabled in each House of
Parliament within 15 sitting days after the day on which the report is given to the
Minister.
Providing for regular reviews will ensure that the Committee is performing its function
effectively, and will do so in an independent and transparent manner. The reviews will
be an opportunity to assess whether any changes need to be made to the function or
operation of the Committee to make sure that it continues to perform effectively.
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Clause 29--Regulations
Clause 29 provides that the Governor-General may make regulations prescribing
matters:
• required or permitted by this Act to be prescribed; or
• necessary or convenient to be prescribed for carrying out or giving effect to this
Act.
As set out in Clause 14, regulations will allow members of the Committee to be paid
allowances. These may include allowances to compensate for travel associated with
the Committee, such as airfares, accommodation, meals and incidentals.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Economic Inclusion Advisory Committee
Bill 2023
The 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
The Economic Inclusion Advisory Committee Bill 2023 (the Bill), establishes the
Economic Inclusion Advisory Committee (the Committee) as an independent statutory
body. The Committee will be a transparent mechanism to provide expert advice to
Government on economic inclusion and tackling disadvantage in relation to policy
settings, systems and structures and the adequacy, effectiveness and sustainability of
income support payments ahead of every Federal Budget.
On 28 November 2022, the Government announced that it would establish the
Committee as a statutory body, as part of its agenda to boost economic inclusion and
tackle disadvantage. This legislation fulfils the Government's commitment.
The Bill provides that the Committee's function is to provide advice to Government,
ahead of each Commonwealth Government budget, on matters related to the
Commonwealth Government's policies, programs and responsibilities for enhancing
economic inclusion and participation.
The Committee will consist of up to 14 part-time members, including a Chair,
appointed by the Minister for terms of up to 3 years.
Upon commencement, the Act is to be reviewed every 5 years.
Human rights implications
The Bill engages the following human rights:
• The right to social security in Article 9 of the International Covenant on
Economic, Social and Cultural Rights (ICESCR).
• The rights of equality and non-discrimination in Article 2 and Article 26 of the
International Covenant on Civil and Political Rights (ICCPR).
• The right to self-determination in Article 1 of the ICESCR and Article 1 of the
ICCPR.
• The rights of people with disability in Article 4 of the Convention on the Rights
of Persons with Disabilities (CRPD).
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• The rights of parents and children in Articles 2, 5, 18, 26 of the Convention on
the Rights of the Child (CRC) and Article 10 of the ICESCR.
• The right to work and rights at work in Articles 6 and 7 of the ICESCR.
• The right to an adequate standard of living, including food, water and housing
in Article 11 of ICESCR, Article 27 of the CRC and Article 28 of the CRPD.
The right to social security
Article 9 of the ICESCR provides that States Parties recognise the right of everyone
to social security, including social insurance.
The Bill promotes the right to social security as it supports the Committee providing
advice to Government on economic inclusion including approaches to boost
participation through policy settings, systems and structures, in the social security
system and other relevant programs and policies. The Committee may also advise
Government on matters including the adequacy, effectiveness and sustainability of
income support payments, including options to boost economic inclusion and tackle
disadvantage.
The rights of equality and non-discrimination
Article 26 of the ICCPR provides that all persons are equal before the law and are
entitled without any discrimination to the equal protection of the law. In this respect,
the law shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or
other status.
Article 2 ensures that rights recognised in the ICCPR will be respected and be
available to everyone within the territory of each State Party.
The Bill promotes the rights of equality and non-discrimination as the purpose of the
Committee is to provide advice on economic inclusion including approaches to boost
participation. This includes providing advice on options for tailored responses to
address barriers to economic inclusion for disadvantaged groups, and the impact of
economic inclusion policies on cohorts with barriers to work such as, people with
caring responsibilities, Indigenous Australians, and people with disability.
The right to self-determination
Article 1 of the ICESCR and Article 1 of the ICCPR provide that all peoples have the
right to self-determination. By virtue of that right they freely determine their political
status and freely pursue their economic, social and cultural development.
The Bill promotes the right for a person to self-determination. The findings of the
Committee will be publicly available which will address complex social problems and
entrenched disadvantage in new and innovative ways. This transparency will allow the
17
Australian public to have access to creative solutions to deal with the systems and
structures that are barriers for those facing disadvantage. In turn, they will have the
knowledge to freely pursue their economic, social and cultural development.
The rights of people with disability
Article 4 of the CRPD requires States Parties to undertake to ensure and promote the
full realisation of all human rights and fundamental freedoms for all persons with
disabilities without discrimination of any kind on the basis of disability. State Parties
must adopt appropriate legislative, administrative and other measures to this end.
The Bill promotes the rights of people with disability as the Committee will look at the
impact of economic inclusion policies on cohorts with barriers to work such as people
with disability.
The rights of parents and children
Article 5 of the CRC provides that States Parties must respect the rights and
responsibilities of parents and carers to provide guidance and direction to their child
as they grow up, so that they fully enjoy their rights. This must be done in a way that
recognises the child's increasing capacity to make their own choices.
Article 18 provides that both parents share responsibility for bringing up their child and
should always consider what is best for the child. States Parties must support parents
by creating support services for children and giving parents the help they need to raise
their children.
Article 26 provides that every child has the right to benefit from social security. States
Parties must provide social security, including financial support and other benefits, to
families in need of assistance.
Article 2 ensures that rights recognised in the CRC apply to every child without
discrimination, whatever their ethnicity, gender, religion, language, abilities or any
other status, whatever they think or say, whatever their family background.
Article 10 of the ICESCR provides that the widest possible protection and assistance
should be accorded to the family, which is the natural and fundamental group unit of
society, particular for its establishment and while it is responsible for the care and
education of dependent children.
The Bill promotes the rights of parents and children, as the Committee will provide
advice to Government on the impact of economic inclusion policies of people with
barriers to work, including people with caring responsibilities. It may also provide
advice on the adequacy of income support payments, including parenting and family
payments.
The right to work and rights at work
Article 6 of the ICESCR requires States Parties to recognise the right to work, which
includes the right of everyone to the opportunity to gain a living by work which they
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freely choose or accept, and will take appropriate steps to safeguard this right. This
can include policies and techniques to achieve steady economic, social and cultural
development.
Article 7 requires States Parties to recognise the right of everyone to the enjoyment of
just and favourable conditions of work. In particular, this should ensure remuneration
which provides fair wages, a decent living for themselves and their families, safe and
healthy working conditions, equal opportunity for everyone to be promoted and rest
and leisure.
This Bill promotes the right to work as the Committee will advise Government on
options to reduce barriers and disincentives to work, including in relation to social
security and employment services. It will also explore options for tailored responses
to address barriers to economic inclusion for long-term unemployed and
disadvantaged groups, including place-based approaches at the local level.
The right of everyone to an adequate standard of living, including food, water and
housing
Article 11 of the ICESR requires States Parties to recognise the right of everyone to
an adequate standard of living for themselves and their families, including adequate
food, clothing and housing and to the continuous improvement of living conditions.
Article 27 of the CRC provides that every child has the right to a standard of living that
is good enough to meet their physical and social needs and support their development.
States Parties must help families who cannot afford to provide this.
Article 28 of the CRPD provides that States Parties must recognise the right of persons
with disabilities to an adequate standard of living for themselves and their families,
including adequate food, clothing and housing, and to the continuous improvement of
living conditions, and shall take appropriate steps to safeguard and promote this right
without discrimination on the basis of disability.
This Bill promotes the right to an adequate standard of living as the Committee will
provide advice to Government on matters related to economic inclusion and tackling
disadvantage. The Committee will provide a report to Government ahead of each
Federal Budget which the Government may consider as part of the Budget process,
emphasising the need to allocate funding to address these issues.
Conclusion
The Bill is compatible with human rights because it promotes the protection for human
rights for some of the most vulnerable groups in society.
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