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2016-2017-2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
SOCIAL SERVICES LEGISLATION AMENDMENT
(CASHLESS DEBIT CARD) BILL 2017
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by the authority of the
Minister for Social Services, the Honourable Dan Tehan MP)
SOCIAL SERVICES LEGISLATION AMENDMENT
(CASHLESS DEBIT CARD) BILL 2017
OUTLINE
These amendments extend the trial of cashless welfare arrangements to
30 June 2019. The amendments also specify that the trial areas are East
Kimberley and the Included Communities, Ceduna and the Surrounding
Region and Goldfields
Financial impact statement
The financial impact of these amendments is not for publication as
negotiations with potential commercial providers are yet to be finalised.
1
SOCIAL SERVICES LEGISLATION AMENDMENT
(CASHLESS DEBIT CARD) BILL 2017
Government amendments
The amendments to the Bill specify that the sites for the cashless debit card
trial are East Kimberley and the Included Communities, Ceduna and the
Surrounding Region and Goldfields. The amendments also extend the
cashless debit card trial until 30 June 2019.
The Bill retains existing legislated limitations on trial parameters in relation to
the number of sites, participant numbers and duration of the Cashless Debit
Card program. Additionally, the Bill removes the ability for trial areas to be
determined under legislative instrument and instead provides for them under
the primary legislation. The Minister will instead be able to declare that
specific parts of the Ceduna area, East Kimberley area and Goldfields area
are not trial areas.
NOTES ON AMENDMENTS
Amendment 1 omits Schedule 1, items 1 and 2, page 3 (lines 4-8) of the Bill,
which would have repealed section 124PF of the Social Security
(Administration) Act 1999 and made a consequential change to the heading of
Subdivision A of Division 2 of Part 3D. Section 124PF of the Social Security
(Administration) Act 1999 currently provides that the cashless debit card trial
will occur in up to three discrete locations, include no more than 10,000
people, and will end on 30 June 2018.
Amendment 1 substitutes Schedule 1, items 1 and 2, page 3 (lines 4-8) with
the following amendments:
Item 1 inserts definitions of Ceduna area, East Kimberley area, Goldfields
area, and Local Government Area into subsection 124PD(1) of the Social
Security (Administration) Act 1999.
Ceduna area means Ceduna within the meaning of the Social Security
(Administration) (Trial Area--Ceduna and Surrounding Region) Determination
2015 as in force on 15 March 2016 and includes the Surrounding Region
(within the meaning of that determination as so in force).
At 15 March 2016 the Social Security (Administration) (Trial Area-Ceduna
and Surrounding Region) Determination 2015 defined Ceduna as the area of
the District Council of Ceduna as defined in accordance with the Local
Government Act 1999 (SA). This area is commonly referred to as the Ceduna
local government area. Surrounding Region is defined as the area composed
of and limited to the Australian Bureau of Statistics' 2011 Australian Statistical
Geography Standard (ASGS) Statistical Area Level 1s (SA1) of 40601113409,
40601113410, 40601113501 and 40601113502.
1
This description identifies areas in South Australia west of Ceduna and south
of the APY lands, as depicted in the map below:
The geographical boundaries of SA1 areas in the ASGS can also be viewed
using the online tool provided by the Australian Bureau of Statistics (ABS)
available at:
2
http://betaworks.abs.gov.au/betaworks/betaworks.nsf/projects/ASGSBoundariesOnlin
e/frame.htm.
As at the commencement of the Social Security (Administration) (Trial Area-
Ceduna and Surrounding Region) Determination 2015, the Surrounding
Region included the communities of Bald Hill, Betts Corner, Bookabie, Border
Village, Bulinda, Cactus Beach, Ceduna, Ceduna Town Camp, Charra,
Chundaria, Colona, Coorabie, Cungena, Denial Bay, Dinah Line, Emu Farm,
Fowlers Bay, Glen Boree, Head of the Great Australian Bight, Kalanbi,
Koongawa Dundee, Koonibba, Laura Bay, Lookout Hill, Maltee, Merghiny,
Mudamuckla, Munda Munda Wata Tjina, Munda Wanna-Mar, Nadia,
Nanbona, Nanwoora, Nullarbor, Nundroo, Nunjikompita, Oak Valley, Over
Road, Penong, Pintumba, Scotdesco, Smoky Bay, Tallowon, Thevenard, Tia
Tuckia, Uworra, Wandana, Warevilla, Watraba, White Well Corner, Yalata,
Yarilena, Yellabinna and Yumbarra.
East Kimberley area means East Kimberley within the meaning of the Social
Security (Administration) (Trial Area-East Kimberley) Determination 2016 as
in force on 26 April 2016 and includes the areas of each of the Included
Communities (within the meaning of that determination as so in force).
At 26 April 2016, the Social Security (Administration) (Trial Area-East
Kimberley) Determination 2016 defined East Kimberley as the area composed
of and limited to the Australian Bureau of Statistics' 2011 Australian Statistical
Geography Standard (ASGS) Statistical Area Level 1s (SA1) of 5120808,
5120810, 5120802, 5120805, 5120801, 5120807, 5120815, 5120812,
5120814, 5120816, 5120818, 5120811 and 5120817. Included Communities
are defined in Schedule 1 of the Social Security (Administration) (Trial Area-
East Kimberley) Determination 2016 as follows:
Included Communities:
NAME ALTERNATE ALTERNATE NAME 2 ALTERNATE ALTERNATE
NAME 1 NAME 3 NAME 4
ALLIGATOR HOLE ALLIGATOR ALLIGATOR HOLE ALLIGATOR
COMMUNITY COMMUNITY CAMP
BELL SPRINGS
COCKATOO NGUNULUN NGUNULUM
SPRINGS
DINGO SPRINGS YARDANGARLI YARDUNGARL
FOUR MILE 4 MILE
GEBOOWAMA MORNING GLORY GEBOOWANA GEBOWAMA ROCKY
SPRING
GULBERANG 8 MILE EIGHT MILE GALBURRING GULBURANG
(GULBERANG)
HOLLOW WOOLEREEREERLING WOOLERREGERBERLENG WOOLIE
SPRINGS
NGULWIRRIWIRRI FOUR MILE CREEK NGULLY
RED CREEK RED CREEK BILJING BILGING BINGAR BILJING
BILJING
3
BINGARR
DILLON SPRINGS
WUGGABUN WUGGUN CARD CREEK WUGGUBUN WUGGUBYN
WOOLAH DOON DOON DOON DOON STATION DUNHAM
RIVER
GLEN HILL MANDANGALA
MUNTHANMAR
MUD SPRINGS RIBINYUNG RIBINYUNG DAWANG ROWENA RIBIMYUNG
DAAWANG DOWNS DAWANG
MINIATA
These descriptions identify an area and various communities in Western
Australia, as depicted in the map below. Included Communities are denoted
with a blue rather than grey dot in the map. The area which is to the north of
the red dotted line is East Kimberley referred to by ASGS SA1 areas.
4
The geographical boundaries of SA1 areas in the ASGS can also be viewed
using the online tool provided by the Australian Bureau of Statistics (ABS)
available at:
http://betaworks.abs.gov.au/betaworks/betaworks.nsf/projects/ASGSBoundariesOnlin
e/frame.htm.
5
Goldfields area means the following Local Government Areas, as at 7
February 2018:
Local Government Areas:
(a) the Shire of Leonora;
(b) the Shire of Laverton;
(c) the Shire of Kalgoorlie Boulder;
(d) the Shire of Coolgardie; and
(e) the Shire of Menzies
The definition of Goldfields makes it clear that the area is defined by the Local
Government Areas designated at 7 February 2018. This will prevent
individuals being included in the Goldfields trial area if the boundaries of the
Local Government Areas change in the period between commencement of
the Bill and the end of the trial period.
Local Government Areas means areas designated by the Governor of
Western Australia to be a city, town or shire, in accordance with the Local
Government Act 1995 (WA).
Item 2 repeals the definition of trial area in subsection 124PD(1) of the Social
Security (Administration) Act 1999 and provides for a new definition of trial
area.
trial area means the East Kimberley area, the Ceduna area and the
Goldfields area but excludes any part of such an area determined in an
instrument made under subsection 124PD(2)
Item 3 repeals and substitutes subsection 124PD(2) of the Social Security
(Administration) Act 1999. Subsection 124PD(2) currently allows the Minister
to specify, by legislative instrument, an area for the purposes of the definition
of trial area. It will no longer be necessary to specify the trial areas by
legislative instrument as the trial areas will be specified in subsection
124PD(1) of the Social Security (Administration) Act 1999. New subsection
124PD(2) will allow the Minister to determine, by legislative instrument, that
parts of the Ceduna area, East Kimberley Area and Goldfields area are
excluded from the trial area.
This provides the Minister with flexibility to remove localities. This reflects that
discussions with communities in the Goldfields area are still ongoing and that
requirements for communities who are already on the cashless debit card
may change over time.
Item 4 amends paragraph 124PF(1)(b) of the Social Security (Administration)
Act 1999 to substitute the date of 30 June 2018 with 30 June 2019.
Subsection 124PF(1) currently provides that the cashless welfare
arrangements will be trialled during the period beginning on 1 February 2016
6
and ending on 30 June 2018. Amending the end date in
paragraph 124PF(1)(b) to 30 June 2019 will extend the cashless debit card
trial until that date.
Item 5 amends subsection 124PF(2) of the Social Security (Administration)
Act 1999 to remove the reference to "up to 3 discrete" trial areas.
Subsection 124PF(2) will instead refer to the "the" trial areas, which will be
specifically defined in subsection 124PD(1) of the Social Security
(Administration) Act 1999 as East Kimberley and the Included Communities,
Ceduna and the Surrounding Region and Goldfields.
7
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
SOCIAL SERVICES LEGISLATION AMENDMENT
(CASHLESS DEBIT CARD) BILL 2017
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
These amendments extend the trial of cashless welfare arrangements to
30 June 2019. The amendments also specify that the trial areas are East
Kimberley and the Included Communities, Ceduna and the Surrounding
Region and Goldfields. The Minister may, by legislative instrument, exclude
parts of East Kimberley and the Included Communities, Ceduna and the
Surrounding Region and Goldfields from the trial area.
Human rights implications
The Parliamentary Joint Committee on Human Rights conducted a review of
the Social Security Legislation Amendment (Debit Card Trial) Bill 2015, 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 Act, are
to:
(a) reduce the amount of certain restrictable payments available to be
spent on alcoholic beverages, gambling and illegal drugs; and
(b) determine whether such a reduction decreases violence or harm in the
Region; and
(c) determine whether such arrangements are more effective when
community bodies are involved; and
(d) encourage socially responsible behavior.
In other words, the Cashless Debit Card 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 be subject to harassment and abuse in relation
to their welfare payments.
8
In both Ceduna and the Surrounding Region, and the East Kimberley, there is
clear evidence of the harm caused by alcohol in the community.
In Ceduna and the Surrounding Region the deaths of six Aboriginal people
related to alcohol abuse and sleeping rough were the subject of a coronial
inquest in 2011. In March 2013, the Ceduna Sobering Up Unit had 89.7 per
cent occupancy, and breath testing figures that recorded the maximum
measurable amount.i
In a submission to the Senate Standing Committee on Community Affairs, the
Mayor of Ceduna, Mr Alan Suter, provided an unsigned affidavit stating that in
his role, he has participated in various initiatives to assist with the problems
caused by alcohol abuse in Ceduna. Mr Suter stated that the most effective
attempt 'was a restriction of sales ... . [which] reduced the availability of take
away alcohol and helped considerably until it was withdrawn by the
licensees.'ii
As well as alcohol, illegal drug abuse and gambling are also causing
unacceptable levels of harm in Ceduna and the Surrounding Region.
Ceduna and the Surrounding Region has a high level of welfare dependence
and, importantly, there is an openness to participate in the Cashless Debit
Card trial from within the community.
In a submission to the Senate Standing Committee on Community Affairs, the
Executive Chairman of the Wunan Foundation, Mr Ian Trust stated that 'the
East Kimberley experiences ... high levels of social dysfunction, including
widespread alcohol and drug abuse ... Chronic substance abuse in the region
has led to a raft of catastrophic social outcomes'.iii The Committee heard high
levels of social dysfunction in the East Kimberley, including widespread drug
and alcohol abuse, has resulted in:
high rates of family violence (in 2012-13, there were 100 reported
incidents of family violence per 1000 people in the East Kimberley,
compared to the next highest figure of 43 incidents per 1000 people in
the south-eastern region of WA);
high rates of child abuse and neglect:
large numbers of children spending their nights on the street rather
than returning to unsafe homes;
increasing rates of Foetal Alcohol Spectrum Disorder;
high rates of suicide (the rate of suicide in the Kimberley is 70 per 100
000 people, compared to the national rate of 11 per 100 000 people);
and
high rates of alcohol-fuelled violence (the hospitalisation rate for
assault in Kununurra is significantly higher than the national average
due to alcohol-fuelled violence).iv
9
In the East Kimberley, according to WA Police data, in 2013-14 in Western
Australia there were 1,456 offences against the person for every 100,000
people. The Kimberley region had offence rates against the person 4.5 times
that of Western Australia overall.v
The final independent evaluation of the Cashless Debit Card Trial by ORIMA
Research was released on 1 September 2017, and included results from the
two trial sites, Ceduna and the East Kimberley.
The evaluation 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."
In particular, the evaluation reported the following findings:
Of people surveyed who drank alcohol before the trial started, 41 per
cent reported drinking alcohol less frequently (up from 25 per cent in
the Wave 1 survey, which was done approximately six months into the
trial); 37 per cent of binge drinkers were doing this less frequently (up
from 25 per cent at Wave 1).
A decrease in alcohol-related hospital presentations including a 37 per
cent reduction in Ceduna in the first quarter of 2017 compared with first
quarter of 2016 (immediately prior to the commencement of the trial).
A 14 per cent reduction in Ceduna in the number of apprehensions
under the Public Intoxication Act compared to the previous year.
In the East Kimberley, decreases in the alcohol-related pick-ups by the
community patrol services in Kununurra (15 per cent reduction) and
Wyndham (12 per cent), and referrals to the sobering up shelter in
Kununurra (8 per cent reduction).
Qualitative evidence of a decrease in the number of women in East
Kimberley hospital maternity wards drinking through pregnancy.
Qualitative evidence of a decrease in alcohol-related family violence
notifications in Ceduna.
A noticeable reduction in the number of visible or public acts of
aggression and violent behaviour. Nearly 40 per cent of non-
participants perceived that violence in their community had decreased.
People are now seeking medical treatment for conditions that were
previously masked by alcohol effects.
48 per cent of gamblers reported gambling less (up from 32 per cent at
Wave 1).
In Ceduna and surrounding local government areas (which covers a
much bigger region than is covered by the card's operation), poker
machine revenue was down 12 per cent. This is the equivalent of
almost $550,000 less spent on poker machines in the 12 month trial.
10
The card has had "a positive impact in lowering illegal drug use" across
the two sites.
Of those who reported drug use before the trial started, 48 per cent
reported using illegal drugs less often (up from 24 per cent at Wave 1).
40 per cent of participants who had caring responsibility reported that
they had been better able to care for their children (up from 31 per cent
at Wave 1).
45 per cent of participants have been better able to save more money
(up from 31 per cent at Wave 1).
Feedback that there has been a decrease in requests for emergency
food relief and financial assistance in Ceduna.
Merchant reports of increased purchases of baby items, food, clothing,
shoes, toys and other goods for children.
Considerable observable evidence being cited by many community
leaders and stakeholders of a reduction in crime, violence and harmful
behaviours over the duration of the trials.
Expanding the Cashless Debit Card to the Goldfields and surrounding regions
will build on these positive findings, and offer an opportunity to continue to test
the card's effectiveness in a different setting and on a larger scale.
General safeguards
The Bill retains existing legislated limitations on trial parameters in relation to
the number of sites, participant numbers and duration of the Cashless Debit
Card program. Additionally, the Bill removes the ability for trial areas to be
determined under legislative instrument and instead provides for them under
the primary legislation.
The Minister may, by legislative instrument, exclude parts of East Kimberley
and the Included Communities, Ceduna and the Surrounding Region and
Goldfields from the trial area. This provides the Minister with flexibility to
remove localities. This reflects that discussions with communities in the
Goldfields area are still ongoing and that requirements for communities who
are already on the cashless debit card may change over time.
A number of general safeguards that help to protect human rights have been
incorporated into the operation of the Cashless Debit Card. First, the roll out
of the Cashless Debit Card in existing locations was subject to an extensive
community consultation process. Details of this process in Ceduna and the
East Kimberley are provided in the Explanatory Statements accompanying
each Trial Area Determination.vi Similar consultation has been conducted for
the Goldfields and surrounding regions and will be detailed in the relevant
instrument.
Secondly, the initial 12 month trial of the Cashless Debit Card in Ceduna and
the East Kimberley has been subject to an independent, comprehensive
evaluation considering the impacts of limiting the amount of welfare funds that
may contribute to community level harm. The extension of current
arrangements, and expansion to a new site will also be monitored and
11
continue to build on the evidence base established through the formal
evaluation.
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'.
The Cashless Debit Card, which restricts what participants can spend their
social security payments on, does not detract from the eligibility of a person to
receive welfare, nor reduce the amount of a person's social security
entitlement. Rather, these arrangements place 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 illegal drugs.
Under the Cashless Debit Card, a portion of social security payments
received by a participant is placed into a restricted bank account. Funds held
in this bank account cannot be withdrawn as cash, or spent at businesses
which sell alcohol and gambling products. This limitation is necessary to
ensure that these 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.
To the extent possible, 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.
The account allows a range of flexible payment options including online
transfers, BPAY, some online shopping and recurring deductions. As well as
accessing these services online, a mobile application has been developed for
use on smartphones. To further support participants, there are Local Partners
in the current sites who assist with things such as a replacement cards and
account balance checking. There are also two hotline services operated by
the card provider and the Department of Social Services. Given the objectives
of the Cashless Debit Card and the prevalence of social harm in the three trial
areas, any limitation on the right to social security is reasonable and
proportionate.
The right to a private life
12
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 program limits the right to
a private life. The 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.
In designing the Cashless Debit Card, the Government worked closely with
communities to reduce any stigma associated with use of the card. The card
looks and operates like a normal bank card. Additionally, the card applies to
participants across the communities, in order to impact on the availability of
discretionary cash. It does not apply punitively to individuals experiencing
harmful addictions, financial instability or other forms of hardship.
Furthermore, the Wave 1 Interim Evaluation Report identified that only six per
cent of participants surveyed raised stigma or shame with the card as an
issue.
There is a clear, rational connection between the program's objectives,
detailed above, and the restrictions on the right to a private life. The trial could
not prevent participants from purchasing these products if the program did not
restrict how, and at what businesses, participants spend their welfare
payment. In turn, these restrictions on the purchase of alcohol, illegal drugs
and gambling products are designed to reduce violence and harm, and to
encourage socially responsible behaviour. Given the objectives of the
program and the prevalence of social harm in targeted communities, any
limitation on the right to a private life is reasonable and proportionate.
The right to privacy
The Cashless Debit Card also engages the right to privacy. Section 124PN
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 program. As a result, there are still safeguards in place to
protect individual privacy. Both Government and the card provider are
required to act in accordance with privacy laws, 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
13
disclosure of personal information for direct marketing. Notably, under the
Cashless Debit Card Government cannot see what people are purchasing.
The section seeks to enable the program to achieve a legitimate objective and
are necessary for the Cashless Debit Card to operate effectively and to be
evaluated. In order to establish bank accounts for participants, the
Department of Human Services (DHS) must transfer customer information to
the card provider. The card provider in turn provides new account details back
to DHS. While the Cashless Debit Card is operating, the card provider must
also transfer information about participants to the Department of Social
Services (DSS). DSS 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 could not proceed.
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.
Anyone residing in locations where the Cashless Debit Card operates, and
receiving a payment specified by instrument, will become a participant. The
program is therefore not targeted at people of a particular race, but to welfare
14
recipients who meet particular criteria. People will also be able to volunteer for
the program.
While the Cashless Debit Card does not directly limit the rights to equality and
non-discrimination, it may indirectly limit these rights. For example, before the
Cashless Debit Card commenced in the East Kimberley, Aboriginal and
Torres Strait Islander people made up around 83 per cent of the total income
support payment population that would become trial participants. Women
comprised around 57 per cent of projected participants and Disability Support
Pension recipients were likely to comprise around 26 per cent of participants.
However, locations have been chosen based on objective criteria, outlined
above. These criteria clearly relate to the legitimate objectives of the
program. Given these objectives and the scale of unacceptable harm in
Ceduna and the East Kimberley, as discussed above in the section titled
'Objectives', any limitation on the right to equality and non-discrimination is
reasonable and proportionate.
Noting the indirect impact the Cashless Debit Card currently has on Aboriginal
and Torres Strait Islander people, in identifying the Goldfields and surrounding
regions as a third location, consideration was given to including a community
with lower Aboriginal and Torres Strait Islander population It is estimated that
44 per cent of participants in Goldfields and surrounding regions will be
Aboriginal and Torres Strait Islander people. Where communities do have
high Aboriginal and Torres Strait Islander populations, the support of key
Aboriginal and Torres Strait Islander leaders will be critical to ensure the
Government upholds its commitment to 'work with' First Australians.
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'.
The extension and expansion of the Cashless Debit Card will not impact on or
interfere with a person's right to pursue freely their economic, social or cultural
development.
Under the Cashless Debit Card, people are able to spend their restricted
funds on any goods or services except alcohol, gambling and illegal drugs as
a result of having less access to discretionary cash. This limitation ensures
that vulnerable people are protected from abuse of these substances, and any
associated harm and violence. Comprehensive community consultation was
conducted in all locations to gauge community interest and support in the
arrangements, including from local community leaders.
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
15
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'.
The Cashless Debit Card does not limit the right to an adequate standard of
living for affected people. Under the Cashless Debit Card people are able to
use restricted funds to access any goods and services with the exception of
alcohol and gambling products, with the aim of reducing abuse of these goods
and services and associated harm and violence. It would not restrict 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 which 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 can improve living conditions for the
children of welfare recipients. Such measures thereby 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 amendments are compatible with human rights. The continuation of and
expansion of the Cashless Debit Card will advance the protection of human
rights by ensuring that income support payments are spent in the best
interests of welfare payment recipients and their dependents.
To the extent that they may limit human rights, those limitations are
reasonable, necessary and proportionate to achieving the objectives of the
welfare quarantining measures. The Cashless Debit Card will assist to reduce
immediate hardship and deprivation, reduce violence and harm, encourage
socially responsible behaviour, and reduce the likelihood that welfare payment
recipients will be subject to harassment and abuse in relation to their welfare
payments.
i
Submission to the Senate Standing Committee on Community Affairs inquiry to the Social Services
Legislation Amendment (Debit Card Trial) Bill 2015, District Council of Ceduna, Annexure 1, p. 3.
ii
Submission to the Senate Standing Committee on Community Affairs inquiry to the Social Services
Legislation Amendment (Debit Card Trial) Bill 2015, District Council of Ceduna, Annexure 3, p. 2.
iii
Submission 10 to the Senate Standing Committee on Community Affairs inquiry to the Social Services
Legislation Amendment (Debit Card Trial) Bill 2015, Wunan Foundation, p. 1.
16
iv
Submission 10 to the Senate Standing Committee on Community Affairs inquiry to the Social Services
Legislation Amendment (Debit Card Trial) Bill 2015, Wunan Foundation.
v
from data published at -
http://www.police.wa.gov.au/Aboutus/Statistics/Crimestatistics/tabid/1219/Default.aspx.
Social Security (Administration) (Trial Area -- East Kimberley) Determination 2016, Explanatory
vi
Statement; Social Security (Administration) (Trial Area -- Ceduna and Surrounding Region)
Determination 2015, Explanatory Statement.
17
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