Powers to strip social security demand scrutiny
5 November 2025
The Law Council of Australia has today called for the recently inserted Schedule 5 of the Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2025 (the Bill) to be separated from the rest of the Bill to allow for appropriate scrutiny of the proposed measure.
“Schedule 5 has very serious implications,” Law Council of Australia Executive Member, Elizabeth Shearer said.
“This measure gives government officials power to strip benefits received through the social security and family payments system from a person subject to an arrest warrant, even though that person has not been convicted of any offence.
“We are concerned that this denies those people the fundamental right to the presumption of innocence and procedural fairness.
“No one, even those charged with serious offences, should be subject to punitive action by the state unless they have first been found guilty of an offence by an independent, impartial and competent tribunal. It is unclear whether any Constitutional implications arising under the Bill have been considered.
“People who have not yet had their day in court will have their basic livelihoods and their ability to access justice impacted.
“This reform will create even further inequity and unintended consequences within our justice system, including for First Nations persons. Homelessness may result and family and community safety may be compromised.
“The Law Council is particularly concerned that Schedule 5 was only added to the Bill after the legislation had already been subject to a parliamentary committee review process.
“This means stakeholders have been provided no opportunity to review or provide feedback on the proposal.
“Adding Schedule 5 after a parliamentary scrutiny process vastly undermines the democratic rule of law principles which underpin Australian lawmaking, as set out in our recent Best Practice Legislative Development Checklist.“
The Law Council urges the Senate not to pass the Bill with Schedule 5 included. Instead, Schedule 5 should be separated from the rest of the Bill and referred to a parliamentary committee for proper and careful public scrutiny.”
Contact
Kristen Connell
P. 0400 054 227
E. kristen.connell@lawcouncil.au
Last Updated on 05/11/2025
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