House of Representatives

COVID-19 Disaster Payment (Funding Arrangements) Bill 2021

Explanatory Memorandum

(Circulated by authority of the Minister for Agriculture, Drought and Emergency Management, the Hon David Littleproud MP)

ATTACHMENT - Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

COVID-19 Disaster Payment (Funding Arrangements) Bill 2021

The COVID-19 Disaster Payment (Funding Arrangements) Bill 2021 (the Bill) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

1. The Bill provides for a special appropriation from the Consolidated Revenue Fund for the payment or grant of COVID-19 disaster payments, as authorised by item 492 of the table in Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997, and for the inclusion of information in the National Recovery and Resilience Agency's annual report about the payments made under this special appropriation.

2. On 3 June 2021, the Prime Minister, the Hon Scott Morrison MP, announced the establishment of a temporary COVID-19 disaster payment in recognition that extended lockdown periods can have serious financial implications for workers. The COVID-19 disaster payment aims to help lawful workers unable to work and earn their usual income, because they are subject to state or territory public health orders restricting the movement of persons and the Commonwealth Chief Medical Officer has determined the area to be a COVID-19 hotspot for the purposes of Commonwealth support.

Human rights implications

3. The Bill engages the following rights:

the right to health in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); and
the right to an adequate standard of living in Article 11 of the ICESCR.

Right to health

4. Article 12 of the ICESCR states, in part:

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: [...]

(c)
The prevention, treatment and control of epidemic, endemic, occupational and other diseases; [...].

5. This Bill ensures that the Government will have secure funding to make the COVID-19 disaster payment available to all people who qualify for it. The COVID-19 disaster payment was introduced as time limited financial assistance to those who are, or were, unable to work because of state or territory public health orders and who do not have sufficient leave entitlements, other than annual leave, or another means of income support for the period of the orders in effect for greater than seven days.

6. The primary aim of this Bill is to provide for a suitable ongoing funding mechanism for the COVID-19 disaster payment, in order to promote public health by ensuring that economic pressure is not a reason for persons to break public health orders and risk spreading COVID-19 to others. This measure therefore promotes the right to health.

Right to an adequate standard of living

7. Article 11(1) of the ICESCR states:

The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. [...]

8. Similarly, in securing funding for the COVID-19 disaster payment, this Bill assists in promoting the right to an adequate standard of living for those persons who are, or were, unable to work because of state or territory public health orders and who do not have sufficient paid leave entitlements, other than annual leave, or another means of income support for the period of the orders in effect for greater than seven days.

Conclusion

9. This Bill is compatible with human rights because it supports and promotes the rights to health and to an adequate standard of living.


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