Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2025

Senator DAVID POCOCK (Australian Capital Territory—Independent ACT Whip) (12:35): Minister, I'd like to take you to the concerns of the Law Council of Australia. I understand that they've written to the minister with their concerns, and I've also received a letter from them. If I can take you to the first concern that they've raised around the constitutionality of schedule 5, they said: Concerns have been raised with us that Schedule 5 may punish a person by depriving them of welfare benefits, by means of an administrative decision rather than a finding of a court, before a finding of criminal guilt is made.

It is unclear whether any Constitutional implications of this measure have been considered by government—including potentially in relation to Chapter III of the Constitution, under which punishment of criminal conduct is an exclusively judicial function. Minister, could you advise the chamber whether the government has received advice on the constitutionality of this bill?

Additionally, could I ask you to respond to the Law Council's concern and outline how the bill is constitutionally sound, given it does give the minister a power to punish someone for criminal conduct?