Abbott government’s youth welfare changes ruled unjust
Patricia Karvelas
The Australian
September 30, 2014
A BIPARTISAN parliamentary committee chaired by a Liberal senator has severely embarrassed the Abbott government by ruling two of its proposed changes to youth welfare payments in the May budget incompatible with human rights obligations.
The human rights committee, chaired by Liberal Dean Smith, found that the proposed six-month waiting period for people under 30 who were not in employment or training breached the right to social security and the right to an adequate standard of living.
It also found that the age criteria for accessing the Newstart Allowance breached the rights to equality and non- discrimination on the basis of age.
Five of the 10 members of the committee were from the Liberal or Nationals parties, including Andrew Laming and Ken Wyatt. There were four Labor and one Greens member, and no dissenting report was submitted.
Under the welfare measures outlined in the May budget, people under 30 would be kicked off welfare payments for six months unless they enrolled in school, TAFE or apprenticeships. A range of categories of unemployed people would be exempt from the new rules.
The committee’s report said the government had failed to explain how young people would be able to sustain themselves during a six-month period without social security.
It noted in its original assessment that information regarding the likely impact of the measure on individuals and their families, and how they would retain access to adequate shelter and food, was “necessary in order to assess the human rights compatibility of this measure”.
After receiving a response from Social Services Minister Kevin Andrews that “failed to provide any further information” to make such an assessment, the committee concluded that the measure was “incompatible with the right to social security and the right to an adequate standard of living”. The right to social security is guaranteed by article 9 of the International Covenant on Economic, Social and Cultural Rights, which “recognises the importance of adequate social benefits in reducing the effects of poverty and plays an important role in realising many other economic, social and cultural rights, particularly the right to an adequate standard of living and … to health”.
In his response to the committee, Mr Andrews said: “The specific targeting of this measure to those young people who are job-ready without any barriers to prevent them from gaining employment will mitigate the risk of limiting a person’s right to social security. Young people will have access to the full range of programmes and assistance under the employment service model to enable them to find employment and access to a Health Care Card which provides people with access to the Pharmaceutical Benefit Scheme and other state based concessions.”
A spokeswoman for Mr Andrews said last night the minister disagreed with the committee.
“It is not six months without support,” she said. “People have a choice: they can do a course which will help them get a job. The earn-and-learn measures are for those who are capable of working at least 30 hours a week.
“Those who do choose to learn new skills to get a job may be eligible for other support such as the Youth Allowance.”
The Department of Social Services revealed that 49.8 per cent of Newstart recipients aged under 30 between April 1 and September 30 last year had stopped receiving the payment within six months.
The Australian understands the government will fail to get the six-month waiting period through the Senate and has been in talks with crossbenchers about a one-month waiting period. It will push for a compromise this week.
While the human rights committee report is not binding, it is embarrassing for the government to have its own MPs claim its measures break international obligations.
The committee also sought additional information from ministers over a number of proposed government measures, including the higher education reforms and the abolition of the Low Income Superannuation Contribution and the Income Support Bonus. It found that a number of changes to the Migration Act were likely to be incompatible with human rights obligations, including the obligation to treat the rights of the child as the primary consideration in decision-making.
ACOSS chief executive Cassandra Goldie said the committee had found the government had failed to show that the age restrictions, which would limit access to Newstart Allowance to those over 24, were “necessary, reasonable and proportionate to achieve a legitimate objective”.
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