After extensive debate in the Senate this week, the Social Security and Other Legislation Amendment (Technical Changes No.2) Bill 2025 (the Bill) last night passed through Parliament. Although the Bill in part represents an important advocacy win for Economic Justice Australia and its Member Centres – and reform to special circumstances debt waiver provisions that will make a significant and positive difference to Member Centre casework – it is with mixed feelings that we have followed the passing of this Bill into law.
Prior to the addition of the Schedule 5 amendment, the Bill had represented a proud achievement for EJA and other key organisations, who have engaged in ongoing advocacy to get coercive control and financial abuse better recognised in the social security law.
This Bill contains the adoption of recommendations long fought for by EJA and its Member Centres, with section 1237AAD of the Social Security Act now being amended to allow discretionary debt waiver where a victim-survivor has been forced or coerced into making statements to Services Australia regarding their own or their partner’s circumstances; or where a perpetrator lies or provides false documents directly to Services Australia.
Changes to the special circumstances debt waiver provision will mean that people saddled with debts as a result of financial abuse will have a better chance of getting those debts waived; something that will make an immediate and profound difference to a huge number of people who have left or are in the process of leaving situations of family violence. We understand that some EJA Member Centres already have lists of clients who are waiting on the enactment of this legislative reform and who stand to immediately benefit from these changes.
However, the addition of Schedule 5 amendment – which Government added to the Bill after consideration by a Senate committee, excluding it from proper parliamentary scrutiny – will now grant the Minister for Home Affairs power to seek the cancellation of a person’s social security payment, where they have an outstanding arrest warrant for serious violent or sexual offences but have not yet been convicted of the relevant crime.
EJA has made our views on the Schedule 5 amendment clear. When we first learned of the amendment, we wrote to Minister Plibersek to voice our concerns; for the past few weeks, we have spent considerable time consulting with key members of the cross-bench, the Greens, as well as the Minister trying to negotiate amendments. It is deeply disappointing that the Government has passed this amendment as part of the Bill, despite strong opposition from approximately 116 legal experts and advocates, including many Member Centre staff. Thank you to everyone who supported the removal of this last-minute amendment.
We will continue to consult with Government on the rollout and application of these legislative reforms.
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Media contact: Kirsty Sier | 0435 075 085 | kirsty@ejaustralia.org.au