Explanatory Memorandum
(Circulated by the authority of the Minister for Social Services, the Hon Kevin Andrews MP)Statement of compatibility with human rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Social Services and Other Legislation Amendment (Seniors Health Card and Other Measures) Bill 2014
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
Seniors health card
This Bill will implement the Government's election commitment to index income thresholds for the Commonwealth Seniors Health Card.
Qualification for the seniors health card depends partly on a person satisfying the seniors health card taxable income test. Under that test, the person's adjusted taxable income must not exceed the taxable income limit that applies to the person's family situation. The taxable income limits are not currently indexed. Introducing indexation means more people will satisfy the seniors health card taxable income test and therefore qualify for the seniors health card.
Indexation of the thresholds will occur annually, starting on 20 September 2014, and will be based on movements in the Consumer Price Index.
This measure applies to the seniors health card under either the Social Security Act 1991 or the Veterans' Entitlements Act 1986.
Review of decisions
This Bill will bring provisions of the Student Assistance Act 1973 relating to the Social Security Appeals Tribunal into line with similar provisions in the social security and related laws.
Machinery of government changes
The Bill will make minor and technical amendments to several Acts in the social services portfolio to reflect changed public service administrative arrangements.
Aged care amendments
The aged care legislation and the Health and Other Services (Compensation) Act 1995 will also be amended to reflect changed public service administrative arrangements, following the machinery of government changes that occurred on 18 September 2013. These amendments include clarifying and expanding the powers of the Secretary to delegate functions and powers under the Aged Care Act 1997 to specified officers, bodies and other persons.
Definitions and technical corrections
The Bill makes further minor and technical amendments to the Social Security Act 1991, including a restructure of the Part of Act dealing with definitions.
Human rights implications
Right to social security
The Bill engages the right to social security, as recognised in Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The right to social security recognises the right of everyone to social security, including social insurance.
The Bill also engages Article 11 of the ICESCR, which provides for the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Holders of a senior's health card are entitled to a range of concessions, including concessions on pharmaceutical and health services.
The Bill promotes these rights by increasing the number of people qualifying for a seniors health card.
The minor and technical amendments in the Bill do not have any human rights implications as they are purely of a minor machinery nature.
Conclusion
The Bill is compatible with human rights because it promotes the right to social security and health.
Minister for Social Services, the Hon Kevin Andrews MP
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