Lidia Thorpe has demanded a public apology from Social Services Minister Tanya Plibersek after the minister criticised the Victorian Senator's opposition to a controversial amendment allowing the government to suspend welfare payments without a criminal conviction.
The amendment — added at the last minute to a bill providing compensation to people affected by the unlawful Centrelink debt recovery scheme — allows the Home Affairs Minister to suspend or cancel payments for 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.
The measure has drawn strong condemnation from politicians, human rights organisations, legal experts and Indigenous groups, who say it undermines justice and contradicts the recommendations of the Robodebt Royal Commission.
Despite these concerns, the bill and its amendments passed the Senate this week, with the Liberals voting alongside Labor.
Responding to criticism, Ms Plibersek told Sky News on November 6, "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'.
"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 wrote to Ms Plibersek on Tuesday, saying their earlier "good-faith" discussion about the amendment's consequences was undermined by the minister's "deeply troubling" remarks on the conservative news station.
"You singled me out and mischaracterised legitimate and widely shared concerns, including those raised by legal experts, advocates, and other parliamentarians as supporting payments for 'crimes like rape and murder and child abuse'," the letter states.
Senator Thorpe said the comments functioned as a "dog-whistle" on "a right-wing platform", misrepresenting her position, inflaming public sentiment and invoking "racist tropes about a First Nations Senator". She wrote that such tactics "echo the narratives once used to justify the Northern Territory Intervention".
She called for a public apology during the final parliamentary sitting weeks, saying Ms Plibersek's comments were a "gross misrepresentation of the concerns held by experts, community advocates, and me regarding these dangerous powers".
"It is entirely inappropriate and deeply disappointing for the Minister for Social Services to attack those standing up for human rights, legal protections, and the most vulnerable members of our community," she wrote.
Ms Plibersek has been contacted for comment.
Earlier this week, Senator Thorpe tabled a letter in Parliament — signed by more than 100 individuals, including former NSW Director of Public Prosecutions Nicholas Cowdery — arguing the amendment "punishes people who are legally innocent" and contradicts the presumption of innocence under Australian and international law.
She also pointed to similar sanctions in Aotearoa, introduced in 2013, which disproportionately impacted Māori people. She warned Aboriginal women, domestic violence victims, children and people with disability could lose essential income support without being convicted of any offence.
The 2024 Senate Inquiry into Missing and Murdered First Nations Women and Children previously found First Nations women are frequently misidentified as perpetrators, placing them at severe risk — with victims of domestic and family violence often wrongly accused of serious offences by police.
The Yoorrook Justice Commission has also heard evidence that Aboriginal women are sometimes accused of family violence after calling police for help, often triggering child protection involvement.
On Wednesday, Senator Thorpe said Ms Plibersek's comments were a "new low", adding that experts believe the amendment puts "vulnerable people at risk".
"They say it goes against the rule of law, and have raised serious concerns it is unconstitutional, but the government has been avoiding questions around this," she said. "Instead of dishonestly attacking those fighting for human rights and justice, the Minister should be listening to the experts and the people whose lives will be most affected."
Independent MP Andrew Wilkie has labelled the amendment "punitive" and "wrong", saying the presumption of innocence must be upheld.
"The whole notion of taking income support of anyone in the community simply because they are accused of something is a fundamental breach of natural justice," he said.
In response to the bill passing, Antipoverty Centre spokesperson Kristin O'Connell said the government had adopted a policy that "entangles policing and the welfare system".
"It is a policy that fuels prejudice towards welfare recipients in the precise way that Robodebt Royal Commissioner Catherine Holmes warned politicians against," she said.
"These extreme new laws, which involve police and government ministers in individual social security decisions, are an attack on the presumption of innocence, which we are all entitled to - regardless of our income level."
