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2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
SOCIAL SECURITY (ADMINISTRATION) AMENDMENT
(CONTINUATION OF CASHLESS WELFARE) BILL 2020
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by the authority of the
Minister for Families and Social Services, Senator the Hon Anne Ruston)
SOCIAL SECURITY (ADMINISTRATION) AMENDMENT
(CONTINUATION OF CASHLESS WELFARE) BILL 2020
OUTLINE
These amendments change the transition from Income Management to the
Cashless Debit Card in the Northern Territory to ensure that a person only
moves onto the Cashless Debit Card if they choose to do so. This means
Northern Territory Income Management participants will have the opportunity
to choose to access the better technology and improved user experience
offered by the Cashless Debit Card.
Financial impact statement
The financial impact of these amendments is not for publication.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
The statement of compatibility with human rights appears at the end of this
explanatory memorandum.
1
SOCIAL SECURITY (ADMINISTRATION) AMENDMENT
(CONTINUATION OF CASHLESS WELFARE) BILL 2020
NOTES ON AMENDMENTS
Amendment 1 removes items 3 and 4 of Schedule 1 to the Bill to ensure the
disengaged youth and long-term welfare payment recipient Income Management
measures continue to operate in the Northern Territory.
Amendment 2 inserts a new item 49A before item 50 of Schedule 1 to the Bill.
Item 49A repeals and substitutes paragraph (b) of the current definition of 'excluded
Part 3B payment nominee' in section 123TC. This amendment adds 'a Part 3B
payment nominee who is not a program participant under Part 3D' to the definition,
to ensure that a person is not excluded from Income Management on the basis that
they have a Cashless Debit Card program participant as their payment nominee.
This amendment ensures consistency between Income Management and the
Cashless Debit Card in relation to the participation of a person with a payment
nominee.
Amendments 3 to 8 amend item 74 of Schedule 1 to the Bill, which establishes the
Cashless Debit Card program participant criteria for the Northern Territory.
Amendments 3, 4 and 5 respectively omit proposed paragraphs 124PGE(1)(f),
124PGE(2)(h) and 124PGE(3)(g) and substitutes them with proposed new
paragraphs 124PGE(1)(f), (fa) and (fb), 124PGE (2)(h), (ha) and (hb) and
124PGE(3)(g), (ga) and (gb).
Substituted paragraphs 124PGE(1)(f), (2)(h) and (3)(g) establish the requirement
that a person must make a request under subsection 124PGE(4A) to become a
program participant under section 124PGE. This means that a person can only
become a Cashless Debit Card program participant in the Northern Territory where
they choose to transition from Income Management.
New paragraphs 124PGE(1)(fa), (2)(ha) and (3)(ga) require that the Secretary must
have given the person a notice under subsection 124PGE(5) stating that the person
is a program participant under that section, and the notice must be in force. The
reference to 'this section' rather than to specific subsections reflects that a person
may transfer between the measures under section 124PGE, depending on their
circumstances. These new paragraphs also ensure the Secretary is only required to
give a notice in response to a request from a participant on a single occasion. Once
the notice is issued that notice will continue to be in force for the purposes of section
124PGE, even if the person ceases to be eligible for the Cashless Debit Card, but
again becomes eligible at a later date. For example, in the event that person ceases
to receive an eligible payment and later recommences, they will return to the
Cashless Debit Card and not Income Management.
2
New subparagraphs 124PGE(1)(fb)(i) and paragraphs (2)(hb) and 3(gb) make it a
criterion that the person needs to have been subject to Income Management under a
relevant provision on the day before the notice given by the Secretary under
subsection 124PGE(5) came into force. This ensures that only a person who is
eligible for Income Management in the Northern Territory is able to choose to
transition under section 124PGE and that there is no gap between a person ceasing
to be on Income Management and commencing to be a Cashless Debit Card
program participant.
As alternative options to subparagraph 124PGE(1)(fb)(i):
subparagraph 124PGE(1)(fb)(ii) provides that a person may also be a
program participant if, among other things, they were previously a
program participant under subsection 124PGE(2) and a notice of a kind
referred to in paragraph 124PGE(2)(d) is no longer in force in relation to the
person. This will ensure that where a person ceases to be a program
participant on the basis that the child protection or other Territory referral
notice ceases to be in a force, the person may become a program participant
under subsection 124PGE(1), if they meet the eligibility criteria for the
subsection.
subparagraph 124PGE(1)(fb)(iii) provides that a person may also be a
program participant, if they were previously a program participant under
subsection (3) but the person is no longer a vulnerable welfare payment
recipient. Again, this ensures that a person who ceases to be a vulnerable
welfare payment recipient may become a program participant under
subsection 124PGE(1), if they meet the participant criteria for those
subsections.
Amendment 6 inserts new proposed subsections 124PGE(4A) and 124PGE(4B)
after proposed subsection 124PGE(4). New proposed subsection 124PGE(4A)
provides that a person may make a request to the Secretary to become a program
participant under section 124PGE. New proposed subsection 124PGE(4B) provides
that the person's request cannot be withdrawn or revoked. This provision is
necessary to ensure that once a person chooses to transition from Income
Management to the Cashless Debit Card they remain a program participant,
providing they continue to meet the eligibility criteria. This is important as under
proposed subsections 123UP(4) and (5), a person who usually resides in the
Northern Territory cannot return to Income Management once they have chosen to
transition to the Cashless Debit Card.
Amendment 7 omits the words 'subsection (1), (2) or (3)' and substitutes 'this
section' in existing proposed subsection 124PGE(5). In conjunction with
Amendments 3, 4 and 5, this amendment recognises that a person may, from
time-to-time, be a Cashless Debit Card program participant under
subsections 124PGE(1), (2) or (3) depending on their circumstances. This
amendment will also ensure that the Secretary's notice needs to be given only once
in order for a person to fulfil the criteria for program participation under
subsection 124PGE(1), (2) or (3).
3
Amendment 8 adds new proposed subsection 124PGE(8) which provides that if a
person makes a request under subsection 124PGE(4A), or the Secretary gives a
person a notice under subsection 124PGE(5) and has not revoked the notice,
the continuity of the request or notice is not affected by the person ceasing to be a
program participant under subsection 124PGE(1), (2) or (3) for a period. This
subsection recognises that a person may, from time-to-time, be covered by or move
between the different Cashless Debit Card program participant measures
established under subsections 124PGE(1), (2) and (3). It also ensures that the
person's request, or Secretary's notice, only needs to be given once in order to fulfil
the relevant criteria.
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Statement of compatibility with human rights
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011
SOCIAL SERVICES LEGISLATION AMENDMENT
SOCIAL SECURITY (ADMINISTRATION) AMENDMENT (CONTINUATION
OF CASHLESS WELFARE) BILL 2020
These amendments are 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 provides for the transition of Income Management to the Cashless
Debit Card in the Northern Territory and Cape York region and establishes the
Cashless Debit Card as an ongoing measure in all existing sites.
These amendments change the transition from Income Management to the
Cashless Debit Card in the Northern Territory to ensure that a person only
moves onto the Cashless Debit Card if they choose to do so. This means
Northern Territory Income Management participants will have the opportunity
to choose to access the better technology and improved user experience
offered by the CDC.
Human rights implications
The Parliamentary Joint Committee on Human Rights conducted a review of
the Social Services Legislation Amendment (Cashless Debit Card) Bill 2017,
which notes that the Cashless Debit Card engages and limits three human
rights: the right to social security, the right to a private life and the right to
equality and non-discrimination.
These rights, and a number of other specific human rights, are addressed in
turn below.
Objectives
The objectives of the Cashless Debit Card, set out in Part 3D of the Social
Security (Administration) Act 1999 (the Act), are to:
(a) reduce the amount of certain restrictable payments available to be
spent on alcoholic beverages, gambling and illegal drugs;
(b) support program participants and voluntary participants with their
budgeting strategies; and
(c) encourage socially responsible behaviour.
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Statement of compatibility with human rights
In other words, the Cashless Debit Card program has the objective of
reducing immediate hardship and deprivation, reducing violence and harm,
encouraging socially responsible behaviour, and reducing the likelihood that
welfare payment recipients will remain on welfare and out of the workforce for
extended periods of time.
The consumption of alcohol and drugs and partaking in gambling at harmful
levels can negatively impact on a person's ability to work and meet the needs
of any children, and can lead to long-term welfare dependency. The primary
purpose of the Cashless Debit Card program is to reduce harm at a
community level from the use of harmful products such as alcohol, illicit drugs
and gambling. A flow-on impact of providing this tool to help address these
issues is that participants are able to stabilise their lives, leading to an
increased ability to participate in the workforce.
The first independent evaluation of the Cashless Debit Card Trial by ORIMA
Research was released on 1 September 2017, and included results from the
first two trial sites, Ceduna, South Australia, and the East Kimberley, Western
Australia. It found that the Cashless Debit Card has had a 'considerable
positive impact' in the communities where it has operated. The evaluation
also concluded that the trial 'has been effective in reducing alcohol
consumption and gambling in both trial sites and [is] also suggestive of a
reduction in the use of illegal drugs', and 'that there is some evidence that
there has been a consequential reduction in violence and harm related to
alcohol consumption, illegal drug use and gambling.' Results found that
41 per cent of participants surveyed who drank alcohol reported drinking less
frequently; 48 per cent of participants surveyed who used drugs reported
using drugs less frequently; and 48 per cent of those who gambled before that
trial reported gambling less often.
A baseline data collection in the Goldfields, Western Australia, undertaken by
the University of Adelaide, was released on 21 February 2019. The report
measured socioeconomic conditions prior to the introduction of the card, and
the community's initial perceptions of the Cashless Debit Card immediately
following implementation. Many respondents reported a reduction in levels of
substance misuse, a decrease in alcohol-related antisocial behaviour and
crime, improvements in child welfare, and improvements in financial literacy
and management.
The University of Adelaide is also currently undertaking a second impact
evaluation of Ceduna, the East Kimberley, and the Goldfields. This is in line
with the Government's commitment to ensure the Cashless Debit Card is
meeting its objectives of promoting positive outcomes for communities and
responsible spending of welfare money.
Establishing the Cashless Debit Card as an ongoing measure allows these
communities to continue experiencing positive outcomes and a reduction in
the social harm caused by alcohol, drug and gambling misuse.
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Statement of compatibility with human rights
Providing Income Management participants in the Northern Territory with the
choice to transition to the Cashless Debit Card provides access to improved
technology, greater flexibility and consumer choice.
General safeguards
The Cashless Debit Card program aims to support communities where high
levels of welfare dependence coexist with high levels of social harm by
limiting the amount of welfare payment available as cash in a community. It
does not affect people according to race, religion, ethnicity or any other factor.
It is not a punitive measure, nor is it designed to stigmatise people. It aims to
ensure that income support payments are spent in the best interests of
welfare payment recipients and their dependents, and in line with community
expectations.
A number of general safeguards that help to protect human rights have been
incorporated into the operation of the Cashless Debit Card.
Firstly, the rollout of the Cashless Debit Card has been and continues to be
the subject of an extensive community consultation and engagement process.
Secondly, evaluations show that the Cashless Debit Card is working, with a
range of evidence showing the program has had a positive impact for
participants and communities.
The purpose of the CDC evaluations is to further develop the evidence base,
to better understanding what works, for whom, and in what context so that
continued improvements can be made to the CDC program.
Various reviews of the trial have been completed to date, including a first
impact evaluation into the Ceduna and East Kimberly sites, and a baseline
data collection in the Goldfields region.
Future evaluation and data monitoring activities will further strengthen the
evidence base and guarantee that participants, their families and the wider
community continue to receive ongoing support.
The right to social security
Article 9 of the International Covenant on Economic, Social and Cultural
Rights (ICESCR) recognises 'the right of everyone to social security, including
social insurance'. The United Nations Committee of Economic, Social and
Cultural Rights (the UN Committee) has stated that implementing this right
requires a country, within its maximum available resources, to provide 'a
minimum essential level of benefits to all individuals and families that will
enable them to acquire at least essential health care, basic shelter and
housing, water and sanitation, foodstuffs, and the most basic form of
education'.
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Statement of compatibility with human rights
Across all Cashless Debit Card program areas, the right to social security is
limited only in the participant's ability to use a proportion of their payment to
purchase harmful goods, in an area where there are demonstrated high levels
of community harm. In Cashless Debit Card communities, support from
leaders is driven by the view that the program can help address this harm,
particularly where dependence is also high.
These amendments do not detract from the eligibility of a person to receive
welfare, nor reduce the amount of a person's social security entitlement.
Rather, there is a limitation on how payments can be spent and provides a
mechanism to ensure that certain recipients of social security entitlements are
restricted from spending money on alcohol, gambling and drugs.
Further, the Bill does not introduce a new area to welfare quarantining
arrangements. Rather, the Bill establishes the Cashless Debit Card as an
ongoing program in existing sites. The Cape York region will be transitioned
from an Income Management to a Cashless Debit Card location, and Income
Management participants in the Northern Territory will be provided the
opportunity to transition to the Cashless Debit Card..
Under both the IM regime and the CDC program, portions of social security
payments received by a participant are quarantined, and the participant is
unable to purchase restricted goods or withdraw cash using this portion. IM
participants have between 50 and 90 per cent of their payment quarantined,
according to the participant's specific measure.
Participants transitioning from the IM regime to the CDC program will get to
keep their existing quarantine rate. The benefits of the CDC program include
a more streamlined approach to welfare quarantining, the use of improved
technology, and fewer restrictions on purchases that allow participants to
shop from a wide variety of sellers, including online retailers, thereby
increasing a participant's ability to spend their welfare payments to meet their
essential needs.
Businesses that sell restricted items can serve participants where they have
systems in place that do not allow for the sale of such products to holders of a
Cashless Debit Card. These limitations are necessary to ensure that
restricted products cannot be purchased with the restrictable portion of a
participant's social security payment. Without the diversion of social security
payments into a restricted bank account, welfare quarantining would not be
possible and the objectives of the Cashless Debit Card, outlined above, could
not be met.
The restricted bank account functions like a standard, mainstream bank
account. This serves to minimise restrictions on the way social security is
received. The Cashless Debit Card itself is a standard Visa debit card that
can be used at the majority of merchants that accept EFTPOS payments.
The account allows for a range of flexible payment options including online
transfers, BPAY, online shopping and recurring deductions. As well as
accessing these services online, a mobile application has been developed for
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Statement of compatibility with human rights
use on smartphones. There are also two hotline services operated by the
card provider and Services Australia to provide technical and practical support
for participants.
Given the objectives of the Cashless Debit Card program, the prevalence of
social harm in the areas these schemes operate, any limitation on the right to
social security is reasonable and proportionate.
The right to a private life
The impact of the program on the right to a private life and privacy has
previously been raised.
Article 17 of the International Covenant on Civil and Political Rights sets out
the right to a private life. It prohibits arbitrary or unlawful interferences with an
individual's privacy, family, correspondence or home.
The Cashless Debit Card program seeks to achieve the legitimate objective of
reducing immediate hardship and deprivation, reducing violence and harm,
encouraging socially responsible behaviour, and reducing the likelihood that
welfare payment recipients will be subject to harassment and abuse in relation
to their welfare payments.
By reducing a person's choice in how and where they access and spend their
social security payments, the Cashless Debit Card limits the right to a private
life. The Cashless Debit Card program is targeted to communities where high
levels of welfare dependence exist alongside high levels of social harm.
This limitation on the right to a private life is directly related to the objectives of
reducing such harm. This is because the limitations put in place restrict
transactions at businesses selling goods that contribute to such harm.
Therefore, the limitation that is placed on the right to a private life with the
Cashless Debit Card is directly related to improving the welfare of the
recipient and any dependents.
The Cashless Debit Card program also engages the right to privacy.
Section 124PN of the Act allows the disclosure of information to the Secretary
by a financial institution. Section 124PN does not provide a blanket
exemption from privacy laws. It merely allows the sharing of information
necessary for the operation and evaluation of the Cashless Debit Card
program. As a result, there are still safeguards in place to protect individual
privacy. Any information collected by the Department of Social Services (the
Department) or Services Australia will be protected information that is subject
to the secrecy provisions in the Act. Both Government and the card provider
are required to act in accordance with the Privacy Act 1988, more generally,
and the Australian Privacy Principles (APPs). The APPs set out strict rules
around how personal information can be used. For example, they prohibit the
disclosure of personal information for direct marketing. Notably, under the
Cashless Debit Card, the Government cannot see what items or products
people are purchasing, only the merchants in which the money is being spent.
5
Statement of compatibility with human rights
The section seeks to enable the Cashless Debit Card program to achieve a
legitimate objective and is necessary for the program to operate and be
evaluated effectively. In order to establish bank accounts for participants,
Services Australia must transfer customer information to the card provider.
The card provider in turn provides new account details back to Services
Australia. While the Cashless Debit Card program is operating, the card
provider must also transfer information about participants to the Department.
The Department uses this information to run and evaluate the program.
Without this sharing of information, new accounts cannot be set up and so the
Cashless Debit Card program could not proceed.
Proposed section 124POA of the Bill establishes information disclosure
provisions for the disclosure of information. The purpose of disclosures by the
Secretary under this provision is to ensure that the Cashless Debit Card
program is properly administered and appropriate information can be shared
about a participant to provide protective support.
Any limitation on a person's right to privacy is reasonable and proportionate
given the extensive social harm discussed above under the section titled
'Objectives'. There are also effective community safeguards over the extent
of the restrictions imposed.
The rights of equality and non-discrimination
The rights of equality and non-discrimination are provided for in a number of
the seven core international human rights treaties to which Australia is a
party, most relevantly the International Covenant on Civil and Political Rights
(ICCPR) and the Convention on the Elimination of All Forms of Racial
Discrimination (the CERD). In particular, article 5 of the CERD requires
parties 'to prohibit and eliminate racial discrimination in all its forms and to
guarantee the right of everyone, without distinction as to race, colour or
national or ethnic origin, to equality before the law, notably in the enjoyment
of' the right to ... 'social security and social services' (article 5(e)(iv)).
Discrimination is impermissible differential treatment among persons or
groups that results in a person or a group being treated less favourably than
others, based on a prohibited ground for discrimination, such as race.
However, the UN Human Rights Committee has recognised that 'not every
differentiation of treatment will constitute discrimination, if the criteria for such
differentiation are reasonable and objective, and if the aim is to achieve a
purpose which is legitimate under the Covenant'.
The rights to equality and non-discrimination are not directly limited by the
Cashless Debit Card. The program is not applied on the basis of race or
cultural factors. Locations for the program have been chosen based on
objective criteria. This includes high levels of welfare dependence and
community harm, as well as the outcomes of comprehensive community
consultation.
6
Statement of compatibility with human rights
Anyone residing in locations where the Cashless Debit Card program
operates, receiving a payment and being of a certain age as specified by
instrument or legislation, will become a Cashless Debit Card program
participant. The Cashless Debit Card program is therefore not targeted at
people of a particular race, but to welfare recipients who meet particular
criteria. In addition, this Bill extends the operation of the Cashless Debit Card
in existing sites.
Right to be free from self-incrimination
Article 14(3)(g) of the ICCPR protects the right of an individual to be free from
self-incrimination in the determination of a criminal charge by providing that a
person may not be compelled to testify against him or herself or confess guilt.
The privilege against self-incrimination may be subject to permissible limits.
Any limitations must be for a legitimate objective and be reasonable,
necessary and proportionate to that objective. The right to privilege against
self-incrimination can be revoked where a statutory body is authorised to
compel individuals to produce information, which may incriminate that
individual.
The proposed amendment to paragraph 192(db), to extend the powers to
Part 3D of the Act, seeks to achieve the legitimate objective of investigating
the operation of the Cashless Debit Card including to determine whether a
person is or should be a Cashless Debit Card participant or how payments
are administered. There is not a less restrictive investigative technique
available that provides the same information-gathering purpose and requiring
program participants to provide information voluntarily is unlikely to be
effective. Compelling a person to provide information under this section is
reasonably capable of achieving the stated aim of investigating the effective
operation of welfare payments and the Cashless Debit Card program.
Section 197A excludes information given on a compulsory basis from being
admissible in criminal proceedings (except for proceedings in respect of giving
false or misleading information).
Items 43 and 46 of the Bill operates to limit the right to be free from
self-incrimination by expressly removing the privilege against
self-incrimination in relation to the production or disclosure of information
specific to the program or voluntary participant. This is necessary to ensure
that the Department can check the records (required to be kept by law) to
verify that a person is receiving whole or part of certain welfare payments and
therefore subject to welfare quarantining under the Act. Allowing a claim of
privilege in relation to such information would be contrary to the purpose of
the legislation, as the production of this disclosed information is directly
relevant to the operations of Part 3D under the Act. These provisions are in
place to ensure the due performance of functions or exercise of powers
provided for under legislation.
Items 43 and 46 of the Bill also provide for collection, storage, use or
disclosure of other personal information, removing the privilege against
self-incrimination which represents a loss of personal liberty for a welfare
7
Statement of compatibility with human rights
recipient whose information (whether they are a program participant or
voluntary participant) is shared between the Secretary and community bodies.
The limitations discussed above are reasonable, necessary and proportionate
to achieving the objectives of the Cashless Debit Card program as they
enable the Secretary to ascertain the fact regarding the circumstances of
program participants. By modifying the application of the privilege against
self-incrimination, the Bill ensures that it is the public interest to ensure the
effective functioning of the Cashless Debit Card program and support
participants to improve their financial management practices more generally.
The right to self-determination
Article 1 of the ICESCR states that 'all peoples have the right of
self-determination. By virtue of that right they freely determine their political
status and freely pursue their economic, social and cultural development'.
Under the Cashless Debit Card program, people are able to spend their
restricted funds on any goods or services except alcohol, gambling and illicit
drugs due to having less access to discretionary cash. The limitation on these
products and services ensures that vulnerable people are protected from
abuse of these substances, and any associated harm and violence.
The Cashless Debit Card becoming an ongoing measure will not impact on or
interfere with a person's right to pursue freely their economic, social or cultural
development. Providing Income Management participants in the Northern
Territory with the choice to transition to the Cashless Debit Card or remain on
Income Management provides people with greater freedom to pursue their
economic development.
The right to an adequate standard of living
Article 11(1) of the ICESCR states that everyone has the right to 'an adequate
standard of living for himself and his family, including adequate food, clothing
and housing, and to the continuous improvement of living conditions' and that
'appropriate steps' be taken to 'ensure realisation of this right'. Further to this,
article 11(2) of the ICESCR states that 'measures, including specific
programmes,' should be taken in 'recognising the fundamental right of
everyone to be free from hunger'.
8
Statement of compatibility with human rights
The Cashless Debit Card program does not limit the right to an adequate
standard of living for affected people. Under the Cashless Debit Card
program, people are able to use restricted funds to access any goods and
services with the exception of alcohol and gambling products, or 'cash-like'
products that could be used to obtain alcoholic beverages or gambling, with
the aim of reducing abuse of these goods and services and associated harm
and violence. The Cashless Debit Card program does not restrict a person's
access to the essential goods and services required to maintain an adequate
standard of living. Access to some discretionary cash is available to ensure
that people can still participate in cash economies to purchase items that
contribute to an adequate standard of living.
The rights of children
By ensuring that a portion of welfare payments is available to cover essential
goods and services, welfare quarantining through the use of a Cashless Debit
Card can improve living conditions for the children of welfare recipients. An
independent evaluation conducted by ORIMA Research in 2017 showed that
the Cashless Debit Card trial had a considerable positive impact in reducing
the harms related to the misuse of alcohol, drugs and gambling. The
evaluation also found several widespread spill-over benefits, including
40 per cent of the participants surveyed were better able to look after their
children and 45 per cent were better able to save money. There was also a
decrease in requests for emergency food relief and financial assistance in
Ceduna and merchants reported in increased purchases of baby food,
clothing and other goods for children.
The Department commissioned the Future of Employment and Skills
Research Centre (FES) at the University of Adelaide to undertake an
independent collection of baseline data from trial participants to allow an
assessment of the conditions in the Goldfields region around the time of the
rollout of the Cashless Debit Card program. The findings of participants
taking part in the study reported positive impacts relating to improvements in
child welfare and wellbeing. These improvements in child wellbeing were as a
result of the changes in spending patterns with the introduction of the
Cashless Debit Card, which led to children in the region having an increase in
the provision of food, being suitability clothed in and out of school, improved
access to toys such as bikes and scooters as well as having better general
health and hygiene attributable to receiving access to vital medical treatment.
Therefore, measures used to restrict payment spent on alcohol, drugs and
gambling by each participant on the Cashless Debit Card program can be
used to advance the right of children to the highest attainable standard of
health and the right of children to adequate standards of living (articles 24, 26
and 27 of the Convention on the Rights of the Child, respectively).
Conclusion
The Bill is compatible with human rights. Establishing the Cashless Debit
Card as an ongoing measure, establishing the Cape York region as a
9
Statement of compatibility with human rights
Cashless Debit Card location and providing Income Management participants
in the Northern Territory with the choice to transition to the Cashless Debit
Card will advance the protection of human rights by ensuring that welfare
payments are spent in the best interests of welfare recipients and their
dependents by restricting spending on alcohol, drugs and gambling.
To the extent that the Bill will limit human rights, those limitations are
reasonable, necessary and proportionate to achieving the objectives of the
welfare quarantining measures. The Cashless Debit Card program aims to
reduce immediate hardship and deprivation, reduce violence and harm,
encourage socially responsible behaviour, and reduce the likelihood that
welfare payment recipients will remain on welfare and out of the workforce for
extended periods of time.
Circulated by the authority of the Minister for Families and Social
Services, Senator the Hon Anne Ruston
10
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