Senate Community Affairs Legislation Committee, , 8:40:56 to 8:45:38
Inquiry into potential liabilities and communication strategies regarding the Targeted Compliance Framework compensation scheme.
Topics: Social services, Workplace relations
Speakers: Senator Penny Allman-Payne, Matt Flavel, Michael Lye
Now, and correct me if my understanding is incorrect too. So as I understand it, DSS delegates the targeted compliance framework to DUA, but DSS is still ultimately responsible for the administration of Social Security under the Social Security Act. That's correct, isn't it?
We're responsible, Senator, for the payment administration. Yeah. Yeah, Services Australia.
So I think that's a good question. Yeah, thank you. So noting that DUA has recently started inviting people to apply for compensation for cancellation of income support payments under the TCAF, and I understand that they've invited around 50,000 people that they've proactively invited around that. Has DSS assessed their potential liabilities that may arise from the compensation scheme that DUA is running or operationalising?
Senator Orman Payne Matt Flevell, Deputy Secretary of Social Security. So DUA, the Department of Employment Workplace Relations is administering that scheme across both the mainstream Workforce Australia and participants who are now in now in Inclusive Employment Australia who might have previously been in DES. So DSS doesn't have a separate liability in relation. It's all being managed by the Department of Employment.
Okay. Has DSS considered that people who've been impacted may in fact contact DSS or Services Australia about the compensation scheme? Noting that they're not necessarily across the intricates of the departments in the same way that we are.
My understanding, Senator, which I'm happy to confirm later is that there's been proactive notification from the Department of Employment to affected individuals who may be eligible to apply. And then that has also included details or follow-up, which I think is primarily being handled through the Department of Employment.
Yeah, my understanding is that Economic Justice Australia has noted their concerns that whilst DUA has contacted 50,000 people, they think that it could be as many as 300,000. And I guess I'm wondering whether it would make sense for all of the agencies who are involved in administering mutual obligations, so including DSS to come together to deliver broader communications around the compensation scheme, regardless of who has delegated decision making power?
So certainly the Secretary of that department has written to Mr. Lye to inform him that this process being undertaken. But as Mr. Lye said, legally the TCF is actually the responsibility of the Minister for Employment and her department. So there isn't any legal responsibility for our department. We of course are keen to ensure that anybody who is eligible is able to apply or get compensation. Certainly I'm happy to check that if people are ringing Service Australia because they think they might, that there are processes in place to ensure that people are referred to the right place in the Department of Employment.
Yeah, if you could take that on notice, that would be good. And maybe just a question of clarification. Is it right though that it's possible that people can ultimately end up having an unfair or unreasonable payment suspension because of mistakes that are made earlier in the process when they're streamed before they come under DUA's admin?
Well, I'm not sure. I might have to take that on notice, sorry, in terms of that specific example you've given, Senator.
Yeah, if you could, because as I said, there's concerns that there could be mistakes made much earlier in the process before they're handed over to DUA, which then means that because they've been incorrectly streamed, it might it means that it was unreasonable for their payments to be cancelled. So just wanting some clarity around that.
Yeah, but I'm happy to take that.
And what liabilities that might then incur for the department under DSS if errors were made there, which then have flow and effects over in DUA.
Okay, we'll have a look. It sounds like that would be more likely to be something that would be Services Australia, but we'll have a look and we'll come back.
All right, thank you. Much appreciated. That's all I had for this block, Chair.