Government legislation a 'dangerous departure from the Rule of Law'

The Albanese Government is facing mounting criticism over a last-minute legislative amendment that could see thousands lose social security payments before being found guilty of any crime.

The proposed measure would give the Minister for Home Affairs the power to cancel social security payments to individuals who are subject to an outstanding arrest warrant for “serious violent or sexual offences”.

“The underhanded nature of this amendment, sneaking in a drastic attack on the rule of law at the last minute after inquiries had all concluded, is shameful”, said Kristin O’Connell from the Anti-Poverty Centre.

Critics argue Schedule 5 was added to the Social Security and Other Legislation Amendment Bill last month without public consultation and only after the House of Representatives had finished scrutinising every clause.

“Labour tried to do a dodgy thing by having a last-minute insertion of Section five, which ultimately demonises our most vulnerable people in this country,” said independent Senator Lidia Thorpe.

Academic and legal experts are concerned the new measure “represents a dangerous departure from fundamental legal principles that underpin Australia’s social security and criminal justice systems”.

“This bill means that people can be punished before they’re convicted,” explained Maiy Azize from Anglicare Australia.

Advocates say they were blindsided by the new measure and are concerned it’s a “violation of the presumption of innocence and due process”.

“People will be able to have their Centrelink payments cancelled and lose their home, lose their income, lose their ability to buy food.”

Ms O’Connell said First Nations people will also be “vastly disproportionately harmed by the new powers”.

“This bill is supposed to be about dealing with the Government’s own unlawful raising and collection of Centrelink debts,” she pointed out.

“Instead, they have decided to make it about fueling more anti welfare sentiment, stigmatising us even further and creating more harm to welfare recipients and their families who will also be harmed by this bill.

 “There is no evidence this will make the community safer,” said John Stainsby from the Australian Council of Social Service.

“There are no robust protections for dependants, including children. And the measure will exacerbate systemic inequality.”

Under the proposed amendment, state and territory police would be able to lodge a request with the Minister to cancel a wanted person’s social security payments, concession cards, family assistance payments and paid parental leave.

The Greens’ Spokesperson for Social Services, Senator Penny Allman-Payne described the new measure as “abhorrent”.

“It undermines people’s human rights and they’ve done it in such a way that they have avoided scrutiny.”

Senator Thorpe will today table a letter signed by 116 academic and legal experts, who are concerned the Minister would have “personal decision-making power over individual welfare cases based on police requests, with no access to merits review, only the limited avenue of judicial review”.

Social Services Minister Tanya Plibersek pointed out earlier this month, “The Minister already has the power to cancel someone’s payments if they’re suspected of a terrorism offence, and their passport and their visa is cancelled.”

“We’ve got people in the community who are saying that people on the run for crimes like rape and murder and child abuse should continue to receive those payments to maintain them while they’re on the run. It’s madness.”

However, critics fear the measure could be misused and innocent people, such as victims fleeing domestic violence, cut off from critical support.

“A woman fleeing domestic violence could, for instance, be misidentified by police as a perpetrator rather than a victim,” the letter tabled today states.

“If police issue a warrant for her arrest and she cannot be located because she is in hiding or in the process of fleeing, Schedule 5 would allow police to request cancellation of any social security payment(s) she receives.

“Her income would be cut off at the most dangerous time in her life, without any opportunity to explain the circumstances, present evidence of the abuse she suffered, or seek legal advice. This could force her (and any dependents) to return to the violent situation or become homeless, compounding the danger she faces.

Last month Scott Weber, the chief executive of the Police Federation of Australia said police would have “a quite comprehensive brief of evidence before we utilise this (measure)”.

“It will be case-by-case, I think it will be limited use, but when it is used, it will be an extremely powerful tool for police to try and stop these offenders.”

Senator Allman-Payne said the Greens will work with the crossbench to have the measure removed and separately interrogated by an inquiry.

“This is a Labor Government that has a worse record on transparency than the Morrison Government did,” said Senator Allman-Payne.

“It needs proper scrutiny,” said Senator Thorpe, “and this government continues to violate people’s human rights at every level. So, this is criminal in itself and it needs to be taken out”.