Social Security and Other Legislation Amendment (Miscellaneous Measures)

Current status

This bill became law on Nov 28th, 2023.

Policy area

Welfare & housing

What does this bill do?

Employment and skills grants under Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. now have to be tied to a formally specified program, so the government cannot use that power for unnamed programs.

Why was it introduced?

Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. let employment and skills grants be paid for unnamed programs, and public reporting did not clearly show which programs used the power or how much they got. The bill ties grants to specified programs, keeps them separate from social security payments, and requires annual reporting on each program and its total funding.

Broader context

Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. of the Social Security ActThe main law being amended. On this page it is the Act that contains Chapter 2D and the rules around social security payments. began in April 2022 to authorise grants and arrangements aimed at helping people get and keep work and address labour shortages, but it also allowed spending on programs that did not have to be formally specified and did not clearly show the public which programs used that power or how much they received. The 2023 bill responded by tying Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. grants to named programs, keeping those payments outside ordinary social security payment rules, and requiring annual reporting, before Parliament passed the changes and they became law in November 2023.

Key criticism

The main criticism recorded was that the bill only makes narrow technical fixes and does not tackle bigger social security problems such as low payment rates and mutual obligation rules. That argument came from the Australian GreensThe minor party that moved the amendment calling for higher payments and an end to mutual obligation requirements. in a second-reading amendment, while no party represented in the debate opposed the bill itself.

Who supported it?

Hon Tony Burke MP introduced this bill. It passed on the voices.

Introduced in House 03 Aug 2023
Passed House 06 Sept 2023
Passed Senate 17 Nov 2023
Became law 28 Nov 2023

Did it become law?

Yes

Became law 28 Nov 2023

Final passage

Passed without a counted vote

1 recorded amendment or procedural vote was found, but no counted vote on the bill itself was recorded.

Passage speed

117 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Employment and skills grants under Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. now have to be tied to a formally specified program, so the government cannot use that power for unnamed programs.

  2. Money paid through these Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. employment and skills grants is not treated as a social security payment, which keeps it separate from normal benefit rules.

  3. The Employment Department’s annual report must name each Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. program that was funded, making it easier for the public and Parliament to see which programs used this power.

  4. The Employment Department’s annual report must also show the total amount paid under each Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. program, adding clearer public reporting on spending.

  5. The bill keeps Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. available alongside the government’s broader supplementary spending law, so employment and skills programs can still be funded through this separate legal route.

Show source excerpts
  1. (1A) However, the making, varying or administering of an arrangement or grant under subsection (1) must be for the purposes of a program that is specified in an instrument under subsection (1B).
    Social Security and Other Legislation Amendment (Miscellaneous Measures) as-passed bill text
  2. (5A) A payment under an arrangement or grant referred to in subsection (1) is not a social security payment.
    Social Security and Other Legislation Amendment (Miscellaneous Measures) as-passed bill text
  3. (a) the name of each program for which an arrangement or grant referred to in section 1062A was made, varied or administered in that period; and
    Social Security and Other Legislation Amendment (Miscellaneous Measures) as-passed bill text
  4. (b) in relation to each such program—the total of the amounts paid in that period under arrangements or grants referred to in section 1062A.
    Social Security and Other Legislation Amendment (Miscellaneous Measures) as-passed bill text
  5. making clear that Chapter 2D operates concurrently with the FFSP Act.
    Social Security and Other Legislation Amendment (Miscellaneous Measures) explanatory memorandum

Broader context for this bill

Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. of the Social Security ActThe main law being amended. On this page it is the Act that contains Chapter 2D and the rules around social security payments. began in April 2022 to authorise grants and arrangements aimed at helping people get and keep work and address labour shortages, but it also allowed spending on programs that did not have to be formally specified and did not clearly show the public which programs used that power or how much they received. The 2023 bill responded by tying Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. grants to named programs, keeping those payments outside ordinary social security payment rules, and requiring annual reporting, before Parliament passed the changes and they became law in November 2023.

  1. April 2022

    Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. spending power starts

    Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. commenced as a legal authority for employment and skills grants and arrangements, including measures aimed at addressing labour shortages.

    Hansard ↗
  2. 03 Aug 2023

    Government moves to require named Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. programs

    The bill was introduced with technical amendments to stop Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. being used for unnamed programs and to require clearer annual reporting on what was funded.

    Hansard ↗
  3. 05 Sept 2023

    House supports clearer reporting on employment grants

    During second reading debate, speakers described the bill as a way to ensure spending authority for employment and skills programs operated in a more accountable form.

    Hansard ↗
  4. 17 Nov 2023

    Parliament passes the bill

    Both houses passed the bill in the same form, clearing the way for the tighter rules and reporting requirements on Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. programs to take effect.

    Parliamentary timeline ↗
  5. 28 Nov 2023

    Royal AssentThe final step that turns a bill into an Act of Parliament. makes the changes law

    Royal AssentThe final step that turns a bill into an Act of Parliament. turned the bill into an Act, locking in the requirement that Chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. funding be attached to specified programs and disclosed in annual reports.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 03 Aug 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 03 Aug 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Education and Employment Legislation Committee; Committee report (31/08/2023) review 10 Aug 2023

Referred to Committee (10/08/2023): Senate Education and Employment Legislation Committee; Committee report (31/08/2023)

Referred to committee

APH bill page notes
Second reading debate 05 Sept 2023

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 05 Sept 2023

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Federation Chamber debate 05 Sept 2023

The bill reached this recorded parliamentary step.

Second reading debate

House second reading agreed 05 Sept 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Returned from Federation Chamber 06 Sept 2023

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House third reading agreed 06 Sept 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 06 Sept 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 06 Sept 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Senate second reading agreed 17 Nov 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate third reading agreed 17 Nov 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 17 Nov 2023

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 28 Nov 2023

The Governor-General gave Royal AssentThe final step that turns a bill into an Act of Parliament., turning the bill into an Act.

The main case against this bill

The main criticism recorded was that the bill only makes narrow technical fixes and does not tackle bigger social security problems such as low payment rates and mutual obligation rules. That argument came from the Australian GreensThe minor party that moved the amendment calling for higher payments and an end to mutual obligation requirements. in a second-reading amendment, while no party represented in the debate opposed the bill itself.

No broader public case against the bill itself is clearly recorded.

Does not address deeper welfare policy problems

The clearest criticism was that the bill focuses on technical machinery for employment and skills spending while leaving larger problems untouched, especially the adequacy of payment rates and the continuation of mutual obligation requirementsThe job-search or activity conditions that some welfare recipients must meet to keep receiving payments or support..

Raised by Australian Greens, through a second-reading amendment in the Senate Source ↗

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

06 Sept 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

17 Nov 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Amendments at a glance

Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.

Senate

Defeated

Rice payment-rise amendment defeated

Aye 12 No 33

Defeated 12 to 33. Support came from GreensThe minor party that moved the amendment calling for higher payments and an end to mutual obligation requirements. and minor parties and independents. Opposition came from Labor, Liberal Party, Nationals, One Nation, and minor parties and independents.

17 Nov 2023

The Senate rejected the proposed second-reading statement, so the bill was not changed by this vote.

Party Recorded votes Aye / No
Labor 0 / 13
Greens 11 / 0
Liberal Party 0 / 9
Unknown 0 / 6
Nationals 0 / 3
Independent 1 / 0
One Nation 0 / 1
UAP 0 / 1

These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Unclear

Tony Burke

Australian Labor Party • MP 03 Aug 2023

Mr Tony Burke speaks to the bill, focusing on this bill makes some technical amendments to chapter 2DA part of the Social Security Act that lets the government fund employment and skills programs through grants and arrangements. of the Social Security ActThe main law being amended. On this page it is the Act that contains Chapter 2D and the rules around social security payments. which commenced in April 2022.

Read in Hansard ↗
Lead supporting voice Supports

Paul Fletcher

Liberal Party • MP 05 Sept 2023

Fletcher says the opposition will support the bill because it is mainly technical and clarifies earlier social security changes made by the former coalition government.

Read in Hansard ↗
Lead voice Supports

Steve Georganas

Australian Labor Party • MP 05 Sept 2023

Georganas supports the bill and says it will improve the efficiency and consistency of social security and employment support, helping Australians navigate the system more clearly.

Read in Hansard ↗
Lead voice Supports

Alicia Payne

Australian Labor Party • MP 05 Sept 2023

Alicia Payne supports the bill, saying it makes useful technical fixes so spending on employment programs has clearer legislative authority and better helps people get and keep paid work.

Read in Hansard ↗

All speeches by bloc

Labor

3 speakers · 2 support · 1 unclear

Coalition

1 speaker · 1 support

Full record

Full chat