Google AI


Modern Australian

With a sneaky tweak, the government has made welfare recipients guilty until proven innocent

  • Written by: Zoe Staines, Senior Lecturer in Law and Social Policy, The University of Queensland

In the flurry of action in Parliament House in the final moments of the sitting year, the government passed a bill that escaped the attention of most.

New changes to social security law mean a person’s income support can now be cancelled because they are subject to an outstanding arrest warrant for a serious offence.

These are people merely accused of crimes, not found guilty of them.

The change raises fundamental questions about justice, human rights and the role of social security. It transforms welfare from a crucial safety net to a tool of law enforcement, with serious implications.

Flying under the radar

The changes were quietly added to Social Security and Other Legislation Amendment Bill in late October. The government did this without consultation or announcement, and bypassing parliamentary committee scrutiny on the grounds of urgency.

Less than a month later, the amended bill was passed into law. The change was effective immediately.

The legislation grants the minister for home affairs the power to authorise “Benefit Restriction Notices”. These cancel social security, family assistance and parental leave payments for anyone with an outstanding arrest warrant for serious, violent or sexual offences (within the meaning of the criminal code).

No conviction or even court appearance is required.

According to the bill’s explanatory memorandum:

the objective […] is to ensure people who are subject to an outstanding arrest warrant for a serious offence can no longer be supported through the social security and family payments systems.

But an arrest warrant is not proof of guilt. It is merely an allegation that someone may have committed an offence.

Yet curbing social security is a punishment, and not just for the suspect, but often also their family.

6 serious problems

1. Violation of the presumption of innocence

These laws would enable punishment before any judicial determination of guilt. A person could have their support payments cancelled even if they haven’t been charged, convicted or appeared before any court.

The parliament’s own human rights experts warn this may punish people who are legally innocent, directly contradicting the presumption of innocence.

This presumption is expressly protected under the International Covenant on Civil and Political Rights, to which Australia is a party. Its erosion under the measure sets a dangerous precedent.

It also cuts across the fundamental protection against double jeopardy: the principle that people will not be tried or punished twice for the same offence. This is because cancelling welfare is a form of punishment, after which a second punishment might also be enforced for those subsequently found guilty.

2. Ministerial power with few safeguards

The laws bypass normal checks and balances in Australia’s social security system. The minister can cancel payments based on police requests, with no independent review.

Ordinarily, decisions by Services Australia can be appealed to the Administrative Review Tribunal. But under this measure, only limited judicial review is available. Courts can check procedural issues, but not whether the decision was fair.

Payments may be cancelled without the person knowing a warrant exists and there is no obligation to reinstate benefits if the warrant is cleared or charges dropped. Back pay isn’t provided if the person is found innocent.

This concentration of power removes safeguards against error and abuse, creating a two-tier system that denies basic procedural protections.

Constitutionally, it blurs the separation of powers designed to ensure courts, not politicians, decide guilt and punishment.

3. First Nations peoples will be hardest hit

First Nations peoples make up 3.8% of the population, but 36% of all prisoners, with this overrepresentation continuing to grow. This measure will hit First Nations communities hardest.

The experience of similar powers in Aotearoa/New Zealand since 2013 has shown Māori peoples have their social security payments cancelled at twice the rate of others.

As a result, the nation’s Welfare Expert Advisory Group recommended removing the powers in 2019.

By 2019-2020, 71% of warrant to arrest sanction recipients were Māori.

And while the Australian police say its use of this power will be rare, the similar laws in NZ were used around 700 times in 2019, according to the latest available data.

4. Harmful impacts for domestic violence victims

Domestic violence victims are also at significant risk from the measure. Victims fleeing abuse – especially First Nations victims – are increasingly wrongly identified as perpetrators.

If an arrest warrant is issued while they are in hiding, their support payments could be cancelled, cutting off their income at the most dangerous moment in their lives with no chance to explain or present evidence.

This potentially forces them back into violent situations, with the alternative “choice” being dire poverty.

Read more: Indigenous women are most affected by domestic violence but have struggled to be heard. It's time we listened

5. Serious doubt about proportionality and effectiveness

These laws could only comply with international law if the measure is proportionate, and actually effective in its objective of stopping payments to people with outstanding arrest warrants “which might be assisting them in evading the authorities”.

The government has provided no evidence that cutting off payments would prevent people from evading the law or encourage their surrender.

That the measure cancels, rather than suspends, payments is also arguably in contradiction with international law, given this less restrictive alternative is available.

6. Another legal problem in the making?

Australia should have learned from its Robodebt Royal Commission. Welfare cancellations without proper safeguards can be found unlawful and cause devastating harm.

Yet, the Benefit Restrictions Notice regime risks creating conditions for another scandal.

When the United States introduced similar “fugitive felon” provisions in 1996, they proved disastrous, with many elderly and vulnerable people losing benefits without knowing warrants existed.

By 2002, around 110,000 people had their benefits removed under these provisions.

Following legal challenges and a class action settlement, the US severely restricted these measures and compensated millions of dollars to people whose benefits were wrongly cancelled.

What needs to happen

While these laws are now active, their real-world consequences will take time to unfold.

It remains to be seen whether they will facilitate arrests. In the meantime, there must be rigorous public reporting, independent scrutiny, and formal review of how these powers are used, to ensure the serious risks outlined here do not materialise unchecked.

Authors: Zoe Staines, Senior Lecturer in Law and Social Policy, The University of Queensland

Read more https://theconversation.com/with-a-sneaky-tweak-the-government-has-made-welfare-recipients-guilty-until-proven-innocent-270670

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...