Parliamentary Joint Committee on Human Rights Inquiry report ParentsNext: examination of Social Security (Parenting payment participation requirements–class of persons) Instrument 2021 4 August 2021 © Commonwealth of Australia 2021 ISBN 978-1-76093-266-4 PO Box 6100 Parliament House Canberra ACT 2600 Phone: 02 6277 3823 Fax: 02 6277 5767 Email: [email protected] Website: http://www.aph.gov.au/joint_humanrights/ This report can be cited as: Parliamentary Joint Committee on Human Rights, ParentsNext: examination of Social Security (Parenting payment Participation requirements – class of persons) instrument 2021 inquiry report; [2021] AUPJCHR 88. This document was prepared by the Parliamentary Joint Committee on Human Rights and printed by the Senate Printing Unit, Department of the Senate, Parliament House, Canberra. Membership of the committee Members Dr Anne Webster MP, Chair Mallee, Victoria, Nats Mr Graham Perrett MP, Deputy Chair Moreton, Queensland, ALP Senator Patrick Dodson Western Australia, ALP Mr Steve Georganas MP Adelaide, South Australia, ALP Mr Ian Goodenough MP Moore, Western Australia, LP Senator Nita Green Queensland, ALP Ms Celia Hammond MP Curtin, Western Australia, LP Senator Andrew McLachlan CSC South Australia, LP Senator Benjamin Small Western Australia, LP Senator Lidia Thorpe Victoria, AG Secretariat Anita Coles, Committee Secretary Charlotte Fletcher, Principal Research Officer Rebecca Preston, Principal Research Officer Ingrid Zappe, Legislative Research Officer External legal adviser Associate Professor Jacqueline Mowbray iii iv Table of contents Membership of the committee ........................................................................ iii Recommendations .......................................................................................... vii Chapter 1—Background .................................................................................... 1 Overview of the legislative instrument ..................................................................... 1 Initiation of inquiry .................................................................................................... 1 Conduct of inquiry ..................................................................................................... 3 Structure of the report .............................................................................................. 3 Acknowledgements ................................................................................................... 3 Chapter 2—The instrument ............................................................................... 5 Legislative framework ............................................................................................... 5 The ParentsNext Program ......................................................................................... 8 Compulsory participation .......................................................................................... 9 Departmental oversight of ParentsNext providers ................................................. 13 Chapter 3—Key issues raised .......................................................................... 15 Impact of participation in ParentsNext ................................................................... 16 Whether compulsory participation in ParentsNext is required for its success ...... 26 The extent to which ParentsNext operates flexibly ................................................ 36 Evidence of harms experienced by participants ..................................................... 53 The impact on Indigenous participants ................................................................... 66 Chapter 4—Human rights assessment ............................................................. 73 Rights possibly promoted by the ParentsNext program ......................................... 73 Linking ParentsNext with the receipt of social welfare payments ......................... 74 Permissible limitations on human rights ................................................................. 87 Human rights assessment of the instrument .......................................................... 95 Committee view .................................................................................................... 108 v Additional comments by Australian Labor members ..................................... 113 Additional comments by Australian Greens member .................................... 115 Appendix 1—Submissions received ............................................................... 117 Appendix 2—Public hearing .......................................................................... 119 Appendix 3—Tabled documents, additional information and questions on notice ...................................................................................... 121 vi Recommendations Recommendation 1 4.91 The committee considers that if participation in ParentsNext were voluntary this could promote a range of human rights and no human rights would be limited. As such, the committee considers that the human rights compatibility of the measure would be addressed if an individual's qualification for parenting payment was not linked to the person meeting participation requirements (such as compulsory participation in ParentsNext). As such, the committee recommends that a class of persons not be prescribed for the purposes of paragraph 500(1)(ca) of the Social Security Act 1991. Recommendation 2 4.92 If participation in ParentsNext remains compulsory, the committee recommends the following changes be made to assist with the proportionality of the measure: (a) that a parent is only required to enter into a Parenting Payment Employment Pathway Plan after an assessment of their individual circumstances, including consideration of the best interests of any child as a primary consideration; (b) that payment suspensions are only applied once a ParentsNext provider has successfully contacted the parent and established why they have not met their participation requirements, and made an assessment that the suspension would not result in the parent and any children being unable to meet their immediate basic needs; (c) that payment reductions and cancellations are only applied after an assessment has been made that to do so would not result in the parent and any children being unable to meet their immediate basic needs; and (d) that further consultation be undertaken with Indigenous-led organisations, and affected Indigenous communities, to obtain their free, prior and informed consent to participate in ParentsNext. vii Page 1 Chapter 1 Background Overview of the legislative instrument 1.1 The Social Security (Parenting payment participation requirements - class of persons) Instrument 2021 (the instrument) was registered on 22 January 2021. Its provisions came into force on 1 July 2021. 1.2 The instrument specifies the class of persons subject to compulsory participation in the ParentsNext program and merges two existing streams as to how the program is delivered to people into one stream. The ParentsNext program may require that a person: attend playgroups; complete further education and training; or address non-vocational barriers to employment such as through counselling or health appointments. A failure to attend these appointments without a reasonable excuse can result in the person's parenting payments being suspended and, if there is a persistent failure, reduced or cancelled. 1.3 Providing access to a program which is intended to provide early support to young parents with a lower level of educational attainment to help them plan and prepare for employment before their youngest child starts school, including by participating in educational activities or activities with their children, may promote the rights to work, education, and the rights of the child. However, by making such participation compulsory, and providing that a person who fails to participate may have their parenting payment reduced, suspended or cancelled, this measure also engages and may limit several other human rights including the rights to: social security; an adequate standard of living; a private life; equality and non- discrimination; and the rights of the child. Initiation of inquiry 1.4 The mandate of the Parliamentary Joint Committee on Human Rights (the committee) under paragraph 7(a) of the Human Rights (Parliamentary Scrutiny) Act 2011 is to examine all bills and legislative instruments that come before either House of the Parliament for compatibility with human rights1 and to report to both 1 'Human rights' is defined in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 to mean the rights and freedoms recognised or declared by seven international instruments: International Convention on the Elimination of all Forms of Racial Discrimination; International Covenant on Economic, Social and Cultural Rights; International Covenant on Civil and Political Rights; Convention on the Elimination of All Forms of Discrimination Against Women; Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Convention on the Rights of the Child; and Convention on the Rights of Persons with Disabilities. Page 2 Houses of the Parliament on that issue. As such, the committee is required to examine the instrument as part of its scrutiny of legislative instruments. 1.5 The committee tabled its initial consideration of this instrument in its Report 2 of 2021 on 24 February 2021, seeking a response from