A letter signed by more than 100 legal experts and community organisations criticising a bill that would give the federal Minister power to cancel welfare payments before a person is convicted of a crime will be tabled in Parliament on Monday by Senator Lidia Thorpe.
Earlier this month, it emerged that Labor's last-minute amendment to its social security bill — which provides up to $600 in compensation to around three million people affected by the unlawful Centrelink debt recovery scheme — would allow the Home Affairs Minister to suspend or cancel payments to individuals accused of a "serious violent or sexual offence" or those who "might prejudice the security of Australia or a foreign country" if an arrest warrant has been issued.
It was added without prior announcement or any public consultation, nor had it been scrutinised by the human rights committee.
The amendment to the bill states: "The objective of this measure is to ensure people who are subject to an outstanding arrest warrant for a serious offence can no longer be supported through the social security and family payments systems."
According to the letter — signed by over 100 individuals, including former NSW Director of Public Prosecutions Nicholas Cowdery — and to be tabled on Monday, the amendment "punishes people who are legally innocent, directly contradicting the presumption of innocence, a fundamental principle of Australian common law that is expressly protected under Article 14(2) of the International Covenant on Civil and Political Rights, to which Australia is a State Party".
It continues: "Article 14(2) provides that 'everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.'"
The letter's signatories argue that this "represents a dangerous departure from fundamental legal principles that underpin Australia's social security and criminal justice systems".
It is understood that neither the Coalition nor the Greens were aware of the amendments when they became public. The changes were widely criticised by independent MPs as well as legal and Indigenous groups, who described them as an affront to justice.
"I'm tabling this letter because Labor tried to slip these powers through Parliament without any scrutiny, consultation or transparency," Senator Thorpe said on Monday.
She said she wants the signatures of more than 100 legal, human rights and social services experts "on the record so the government can't bury the truth about what this amendment actually does".
"It shows this isn't just political opposition but that vast numbers of experts in the legal and human rights sectors, who Labor wanted shut out, are sounding the alarm," she said.
The original bill — introduced in response to a High Court ruling — is designed to establish a compensation scheme for people affected by unlawful income apportionment, which occurred when entitlements were miscalculated using income averaging.
Following strong criticism — including Independent MP Andrew Wilkie's argument that Labor was contradicting the findings of the Robodebt Royal Commission, which warned against punitive Centrelink practices — Social Services Minister Tanya Plibersek dismissed the concerns as "madness".
"Unbelievably, we have people in the Senate and in the Australian community who are saying, 'oh no, they should continue to get their JobSeeker or DSP or pension, whatever'," Ms Plibersek told Sky News.
"Senator Thorpe is one example... We've got people in the community who are saying that people who are on the run for crimes like rape and murder and child abuse should continue to receive those payments to maintain them while they're on the run. It's madness."
Senator Thorpe said Ms Plibersek's comments about her and the experts opposing the measures "were outrageous".
"The experts are saying that Plibersek's plan puts vulnerable people at risk. Aboriginal women, victims of domestic violence, children, and people with disability could all lose access to essential support," she said.
"It was a new low for Plibersek to attack people standing up for human rights, legal protections, and the most vulnerable in our communities."
The 2024 Senate Inquiry into Missing and Murdered First Nations Women and Children found that frequent misidentification of women as perpetrators places First Nations women at risk. It reported that victims of domestic and family violence — including women who are later murdered — are often wrongly accused of serious offences by police.
In Victoria, the Yoorrook Justice Commission heard evidence from Indigenous legal organisations about many Aboriginal women being accused of family violence despite being the ones who called police for help, often resulting in child protection involvement.
When the amendments first became public, Bundjalung woman and Wirringa Baiya Aboriginal Women's Legal Centre CEO Christine Robinson said they were concerned the changes had been pushed through without scrutiny.
"As a service that works with Aboriginal women who are often misidentified as perpetrators, we see the many possible unintended consequences of this proposed amendment," she said.
"We urge the government to remove this amendment from the bill and go through the appropriate pathway to allow necessary scrutiny and input from stakeholders."
Senator Thorpe argued that if Labor truly believed the new powers were justified, "they would introduce it openly as standalone legislation, not hide it inside a technical amendments bill and hope nobody noticed".
"Sneaking it in at the last minute tells you they know it won't stand up to scrutiny," she said. "Punishing people before they stand trial is fundamentally wrong, and I'm calling on the Senate to stop this schedule in its tracks, or at the very least send it to inquiry so it can be properly scrutinised."
The full letter is available found online.
