Question Time AU

Bill Debate · Second Reading

Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2025; Second Reading

Senate · Monday 24 November 2025

Continued from Wednesday 5 November 2025.

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

The debate centred on Schedule 5 of the bill, which grants the police minister power to cancel social security payments for individuals with outstanding arrest warrants for serious violent or sexual offences. Independent and Greens senators moved motions to split the schedule for scrutiny or remove it, arguing it violated the presumption of innocence, lacked proper consultation, and disproportionately harmed vulnerable groups including First Nations people and those with disabilities. The government defended the measure as a narrowly targeted tool rarely used, citing administrative safeguards and commitments to oversight by the Commonwealth Ombudsman. Both motions were defeated, allowing the bill to proceed without separating Schedule 5.

Outcome

The motion to split Schedule 5 was negatived, and a subsequent motion to remove Schedule 5 was also not passed.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Continued the debate

Pocock moved a motion to split Schedule 5 into a separate bill to allow for committee inquiry, citing a lack of prior scrutiny. Pocock argued that the provision undermined the presumption of innocence by allowing payment cancellation before a court finding of guilt. Pocock highlighted concerns from the Law Council of Australia and disability organisations that the measure would disproportionately impact marginalised communities, including First Nations people and victims of domestic violence who might be misidentified as perpetrators. Pocock warned that removing income support could force individuals into further crime to survive and endanger children by leaving them without essential resources. Pocock urged the Senate to support the motion to ensure proper examination of these risks.

Government response

Gallagher opposed the motion to split the bill, stating the government had provided briefings and that the original legislation had followed standard committee processes. Gallagher clarified that the power applies only to individuals on the run for serious violent or sexual offences, rejecting claims it would affect millions of Australians. Gallagher asserted that administrative law requires decision-makers to consider advice regarding impacts on dependents, contrary to suggestions that children’s welfare would be ignored. Gallagher announced commitments for the Minister for Social Services to notify the Commonwealth Ombudsman of any benefit restriction notices and invited the Ombudsman to report on the measure’s use annually. Gallagher maintained that the power was necessary, narrowly defined, and supported by adequate safeguards.

Votes during this debate

Division 1: Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2025; Second Reading Not passed 14–24 Division 2: Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2025; Second Reading Not passed 18–24