Commonwealth of Australia Explanatory Memoranda

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SOCIAL SECURITY LEGISLATION AMENDMENT (REMOTE ENGAGEMENT PROGRAM) BILL 2021

                           2019-2020-2021



THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                               SENATE




      SOCIAL SECURITY LEGISLATION AMENDMENT
      (REMOTE ENGAGEMENT PROGRAM) BILL 2021



    ADDENDUM TO THE EXPLANATORY MEMORANDUM




(Circulated by the authority of the Minister for Indigenous Australians,
                 the Honourable Ken Wyatt AM MP)




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                  SOCIAL SECURITY LEGISLATION AMENDMENT
                  (REMOTE ENGAGEMENT PROGRAM) BILL 2021

This addendum responds to concerns raised by the Senate Standing Committee for the
Scrutiny of Bills in Scrutiny Digest 16 of 2021.

After paragraph 2, Purpose and objectives

2A. The Social Security Legislation Amendment (Remote Engagement Program) Bill 2021
has been specifically designed to facilitate co-design and the legislative instruments are an
important feature of the co-design process and will enable flexible approaches in the Remote
Engagement Program trial regions.

2B. The Bill sets out high level parameters, with further detail to be set out in legislative
instruments that will be informed by the outcomes of the co-design process in trial regions.
The Bill is not pre-empting the outcomes of the co-design process, but instead is providing
one building block that communities can choose to use as they design their program with
Government.

After paragraph 6, Purpose and objectives

6A. Australians living in remote communities face complex employment challenges, different
from those experienced in regional and urban areas. Remote communities know what they
need and what employment services solutions will work in their region to better match local
economic circumstances and opportunities.
6B. As part of the 2021-22 Budget the Government announced the Community Development
Program would be replaced with a Remote Engagement Program in 2023, with the new
program to be co-designed and trialled in five regions across remote Australia from late 2021.
The trials will be co-designed locally with the learnings from the trials to inform the co-
design of a national program in 2023.
6C. A Local Co-design Working Group, comprising local community representatives, job
seekers, the CDP service provider(s), local businesses and all levels of government, will be
established in each trial region.

After paragraph 35, Schedule 1--Amendments, Part 1--Main amendments relating to
remote engagement program payment, Social Security Act 1991, Division 1 -
Qualification for and payability of remote engagement program payment, Subdivision
A - Qualification

35A. The Bill has been specifically designed to facilitate co-design and the legislative
instruments are an important feature of the co-design process and will enable flexible
approaches in the trial regions.
35B. The Government plans to bring to the table a number of building blocks that
communities can draw upon when co-designing their trial program. The Remote Engagement
Placement and Remote Engagement Program payment is one building block. Other building
blocks might include:



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       •    options to access non-vocational support, like family, aged care, disability or
           mental health services
       •    options to build vocational skills and training for job seekers
       •    options to support job seekers find jobs and apprenticeships.


35C. This Bill is one building block which Remote Engagement Program trial regions can
use when co-designing their trial Remote Engagement Program.
35D. The Bill provides an option for regions to trial a new supplementary payment in the
social security system for job seekers to participate in a Remote Engagement Placement in a
local community service, such as a school, to build their skills and experience and provide a
pathway to employment in the open labour market.
35E. Through the co-design process, the community in partnership with Government will set
the amount of the Remote Engagement Program payment and the hours of engagement in the
pilot sites. Communities will set rules about participation through the co-design process. For
example, they might choose to set a 'three strikes and you are out' policy for participating in
a Remote Engagement Placement. That is, if the job seeker has an unexplained absence or
behaves inappropriately when participating in the Remote Engagement Placement, they will
be asked to leave the Remote Engagement Placement and the position will be offered to
another eligible job seeker. Communities may also consider what personal or cultural
circumstances should be taken into account when managing a person's participation.
35F. This will enable the Remote Engagement Program trials to provide more tailored
support to meet the needs of the communities and the job seeker, rather than a one size fits all
approach.
35G. Government will publish the outcomes of the co-design process for full transparency.
35H. This approach is not purely a matter of administrative flexibility. Rather, it is an
approach consistent with the commitment to build and strengthen "structures that empower
Aboriginal and Torres Strait Islander people to share decision-making authority with
governments to accelerate policy and place-based progress against Closing the Gap" (Priority
Reform One of the Closing the Gap Agreement).
35I. The matters that may be included in delegated legislation under proposed paragraph
661A(2)(c) are necessary to ensure sufficient consultation, transparency and flexibility for
outcomes that may arise following the co-design process with community.
35J. Including such matters in primary legislation before the outcomes of the co-design
process are known would not provide the same degree of consultation, transparency and
flexibility.
35K. The exercise of ministerial discretion will occur in accordance with the legislative intent
of the Bill and the Australian Government's policies in relation to the Remote Engagement
Program.




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35L. In accordance with requirements for making legislative instruments under the
Legislation Act 2003, the Minister must be satisfied that appropriate consultation has been
undertaken in relation to the delegated legislation under proposed paragraph 661A(2)(c).
35M. In addition, any delegated legislation made under proposed provision 661A(2)(c) would
be subject to Parliamentary scrutiny, disallowance and sunsetting measures.
After paragraph 41, Schedule 1--Amendments, Part 1--Main amendments relating to
remote engagement program payment, Social Security Act 1991, Division 2 -
Qualification for and payability of remote engagement program payment, Subdivision
B--Payability
41A The matters that may be included in delegated legislation under new subsection 661C(2)
are necessary to ensure sufficient consultation, transparency and flexibility for outcomes that
may arise following the outcomes of the co-design process with community.
41B. Including such matters in primary legislation before the outcomes of the co-design
process are known would signal the Government is pre-empting the outcomes of the co-
design process.
41C. In accordance with requirements for making legislative instruments under the
Legislation Act 2003, the Minister must be satisfied that appropriate consultation has been
undertaken in relation to new subsection 661C(2).
41D. In addition, any delegated legislation made under new subsection 661C(2) would be
subject to Parliamentary scrutiny, disallowance and sunsetting measures.




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