Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2025
On 15 November 2025, the Law Council issued a media release concerning Schedule 5 of the Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2025.
Schedule 5 of the Bill would, if passed, permit the Minister responsible for the Australian Federal Police to issue a “Benefit Restriction Notice” in relation to a person who is a recipient of benefits under the Social Security Act 1991, Family Tax Benefit or Paid Parental Leave to deprive them of those benefits if they are subject of an arrest warrant in respect of a serious violent or sexual offence.
Schedule 5 was only added to the Bill after the draft 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.
The Law Council has called for Schedule 5 to be separated from the rest of the Bill to allow for appropriate scrutiny. The Law Council has serious concerns with Schedule 5, including that:
- it would give Ministers the power to deprive a person subject to an arrest warrant from benefits, even though that person has not been convicted of any offence – in turn, denying that person the fundamental rights to the presumption of innocence and procedural fairness
- it is unclear whether any Constitutional implications of Schedule 5 have been considered by Government, and
- it will create further inequity and unintended consequences within our justice system by impacting individuals’ basic livelihoods and their ability to obtain access to justice.
On Wednesday, 5 November 2025 Law Council Executive Member Elizabeth Shearer was interviewed on ABC Radio and reinforced the Law Council’s concerns with the Bill, which were also referred to in Senate speeches by Senator Pocock and Senator Allman-Payne.
The Bill remains before the Senate.
Last Updated on 11/11/2025
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