Commonwealth of Australia Explanatory Memoranda

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SOCIAL SERVICES LEGISLATION AMENDMENT (DRUG TESTING TRIAL) BILL 2018

                   2016 - 2017 - 2018




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




            HOUSE OF REPRESENTATIVES




     SOCIAL SERVICES LEGISLATION AMENDMENT
          (DRUG TESTING TRIAL) BILL 2018




   ADDENDUM TO THE EXPLANATORY MEMORANDUM




             (Circulated by the authority of the
   Minister for Social Services, the Hon Dan Tehan MP)
                SOCIAL SERVICES LEGISLATION AMENDMENT
                     (DRUG TESTING TRIAL) BILL 2018

OUTLINE

This addendum responds to comments raised by the Parliamentary Joint Standing
Committee on Human Rights in Human rights scrutiny report - Report 3 of 2018,
tabled 27 March 2018.

The Report identified an inconsistency in the Statement of Compatibility in describing
how trial participants will be selected to take part in the Drug Testing Trial. This
addendum clarifies that the selection of job seekers for drug testing under the Drug
Testing Trial will be by random selection. Risk profiling will not be used.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Obligations under the Convention on the Elimination of all forms of Racial
Discrimination (CERD) and the Convention on the Rights of Persons with
Disability (CPRD)

Remove the second paragraph 'As noted above ... ' and insert the following
new paragraph:

As noted above, recipients will be randomly selected for drug testing. Job seekers
who are likely to have more serious drug dependency, as evidenced by multiple
positive drug test results, will be supported to seek treatment for their dependency
through a medical assessment and referral to treatment options. To the extent that
certain cohorts may be more likely to test positive, this constitutes legitimate
differential treatment and does not discriminate on the basis of race or disability.