Explanatory Memorandum
(Circulated by the authority of the Minister for Emergency Management, the Hon Mark Dreyfus QC MP)Statement of compatibility with human rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013
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 amends the Social Security Act 1991 , the Social Security (Administration) Act 1999 and the Income Tax Assessment Act 1936 to legislate the Disaster Recovery Allowance (the Allowance), which will provide short-term income support to individuals with a demonstrated loss of income following an onshore disaster, whether natural or otherwise. The Allowance will be a means tested, taxable, fortnightly payment at a rate based on the maximum applicable Newstart or Youth Allowance rate. The payment is modelled on previous ex-gratia payments that were made available on a number of occasions including in 2009 following the Victorian Bushfires, in 2010-11 following the flooding across a number of states and in 2013.
Human rights implications
The Bill engages the following human right:
Right to Social Security:
Introducing the Allowance engages the right to social security recognised in Article 9 of the International Covenant on Economic, Social and Cultural Rights.
Legislating the Disaster Recovery Allowance will continue an existing social security payment, but with a clearer and more certain legal basis and with more fixed and defined qualification criteria. In addition, individuals applying for the Allowance will have access to review mechanisms in relation to decisions which affect them. This will generally advance the right to social security.
Conclusion
This Bill is compatible with human rights because it generally advances human rights.
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