Explanatory Memorandum
(Circulated by the authority of the Minister for Families and Social Services, Senator the Hon Anne Ruston)Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Family Assistance Legislation Amendment (Extend Family Assistance to ABSTUDY Secondary School Boarding Students Aged 16 and Over) Bill 2019
This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
This Bill will extend Family Tax Benefit to the families of ABSTUDY secondary school boarding students aged 16 to 19 years. This measure will retain families of Indigenous boarding students in the Family Tax Benefit system until their child reaches the end of secondary school. This means Indigenous families with children aged 16 years and over who board away from home for school will continue to receive ABSTUDY to cover boarding and school fees and Family Tax Benefit to assist them with the ongoing costs of raising the child (as is already the case for students aged under 16).
This Bill is compatible with human rights. To the extent that a human rights obligation is engaged or limited, the impact is reasonable and proportionate in achieving the objectives of the measure and the welfare payments system more broadly.
Human rights implications
This Bill engages the following human rights:
Right to social security
Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognises the right of everyone to social security.
The right to social security requires that a system be established under domestic law and that public authorities must take responsibility for the effective administration of the system. The social security system must provide a minimum essential level of benefits to all individuals and families that will enable them to cover essential living costs.
Article 4 of ICESCR provides that countries may limit the rights to social security in a way determined by law only in so far as this may be compatible with the nature of the rights contained within the ICESCR and solely for the purpose of promoting the general welfare in a democratic society. Such a limitation must be proportionate to the objective to be achieved.
This Bill increases access to social security for the families of secondary school boarding students aged 16 to 19 years of age who receive ABSTUDY.
Right to education
Article 13 of the ICESCR recognises the right of everyone to education. It provides that education shall be directed to the full development of the human personality and the sense of its dignity and shall strengthen the respect for human rights and fundamental freedoms, and that higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means.
This Bill supports access to education for the impacted cohorts. It will remove the present anomaly in Family Assistance Legislation that prevents families from continuing to receive Family Tax Benefit once their ABSTUDY boarding student reaches the age of 16 years. The aim of the measure is to help students stay in school by providing ongoing support for their families until the student completes year 12.
This Bill will ensure families of Indigenous boarding students are retained in the Family Tax Benefit system until their child reaches the end of secondary school. Providing Family Tax Benefit to these families will assist them with the ongoing costs of raising the child (as is already the case for students aged under 16). This means families of Indigenous boarding students will be better positioned to support their child's completion of senior secondary school.
Conclusion
The amendments in this Bill are compatible with human rights because they promote access to social security and support the right to education. To the extent a human rights obligation is engaged or limited, the impact is for a legitimate objective and is reasonable, necessary and proportionate as outlined above.
By extending Family Tax Benefit to the families of ABSTUDY secondary school boarding students aged 16 to 19 years of age, more families will be able to access social security to support their children's education.