Coronavirus Economic Response Package (Deferral of Sunsetting-income Management and Cashless Welfare Arrangements) Determination 2020 [F2020l00572] [2020] AUPJCHR 93 (17 June 2020)

• Coronavirus Economic Response Package (Deferral of Sunsetting—Income Management and Cashless Welfare Arrangements) Determination 2020 [F2020L00572]1
• Extension of cashless welfare trial
• International human rights legal advice
• Committee view

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Coronavirus Economic Response Package (Deferral of Sunsetting—Income Management and Cashless Welfare Arrangements) Determination 2020 [F2020L00572]^[1]

Purpose	The instrument extends the end date for the Cashless Debit Card trial in all existing sites, and Income Management in the Cape York region, from 30 June 2020 to 31 December 2020.
Portfolio	Families and Social Services
Authorising legislation	Coronavirus Economic Response Package Omnibus Act 2020
Last day to disallow	15 sitting days after tabling (tabled in the House of Representatives 14 May 2020 and in the Senate 10 June 2020). Notice of motion to disallow must be given by 24 August 2020 in the House of Representatives and on 25 August 2020 in the Senate[2]
Rights	Multiple rights
Status	Advice only

Extension of cashless welfare trial

1.27 This instrument extends the operation of the cashless welfare trials in all existing sites and the Cape York income management measure by six months. It does so by deferring the sunsetting of the enabling provisions from 30 June 2020 to 31 December 2020.

1.28 Under the Cashless Debit Card trial, 80 per cent of a participant's income support payments are restricted, and not available in cash.^[3] This restricted portion of a person's payments cannot be used to purchase alcohol, gambling products or

cash-like gift cards, or to withdraw cash. Cashless welfare trials are currently in operation in the Ceduna region, South Australia; the East Kimberly and Goldfields regions, Western Australia; and the Bundaberg and Hervey Bay Region, Queensland. The Cape York income management measure provides that a portion of a person's income support payments are credited to an income management account, and can only be spent on items directed to meeting the priority needs of the person and their dependents.

International human rights legal advice

1.29 In providing for the extension of the cashless welfare trials and the Cape York income management measure, this instrument largely raises the same human rights issues as those raised with respect to the Social Security (Administration) Amendment (Income Management to Cashless Debit Card Transition) Bill 2019 (the 2019 bill), which sought to extend these trials (but which has not yet passed the Parliament). As such, the advice provided in relation to the 2019 bill in Report 6 of 2019,^[4] and Report 1 of 2020^[5] is reiterated in relation to this instrument.

Committee view

1.30 The committee notes that this instrument extends the operation of the cashless welfare trials in all existing sites and the Cape York income management measure by six months.

1.31 The committee notes that extending the operation of these measures may engage a number of human rights. The committee assessed the human rights compatibility of extending the operation of the cashless welfare trial and the Cape York income management measure in Report 1 of 2020 (when it considered the Social Security (Administration) Amendment (Income Management to Cashless Debit Card Transition) Bill 2019).

1.32 As such, the committee refers the minister and parliamentarians to that report in relation to the assessment of the human rights compatibility of this instrument.

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[1] This entry can be cited as: Parliamentary Joint Committee on Human Rights, Coronavirus Economic Response Package (Deferral of Sunsetting—Income Management and Cashless Welfare Arrangements) Determination 2020 [F2020L00572], Report 7 of 2020; [2020] AUPJCHR 93.

[2] In the event of any change to the Senate or House's sitting days, the last day for the notice would change accordingly.

[3] See, Social Security (Administration) Act 1999, Part 3D. See also section 123UF, which establishes the Cape York Income Management Welfare Reform Income Management measure.

[4] Parliamentary Joint Committee on Human Rights, Report 6 of 2019 (5 December 2019),

pp. 39-53.

[5] Parliamentary Joint Committee on Human Rights, Report 1 of 2020 (5 February 2020),

pp. 132-142.