Thank you so much, Madam Chair. I wanted to start this debate by addressing the provisions in clause 60, particularly subclause (1)(ab). There is language that is reflected in other types of sanctions here, and I am particularly interested in the prescribed minimum amount of time. I think it’s really interesting that in the regulations we’ve only set out a prescribed minimum but not a prescribed maximum.
I want to know whether the Ministry of Social Development (MSD) have any guidelines to ensure that case managers don’t act in a vindictive matter to then set out an unreasonable amount of hours that people are expected to comply with, for example, community work experience. Without those regulations creating a maximum, what is to stop a case manager saying to someone, “I’m expecting you to do 50 hours a week.”, for example? There’s nothing in the regulations that literally sets that out. Yet, we do have a minimum, which seems to me like the Minister for Social Development and Employment has chosen to ensure that beneficiaries are complying with a bare amount of hours, but nothing to protect beneficiaries from case managers who may have not received adequate training, who may want to act in a vindictive matter to set an unreasonable amount of time.
This matters because the Minister has just outlined that one of her priorities is getting more people into employment. If a case manager acts in a vindictive way because of the lack of provisions in the regulations to lay out a maximum number of hours, what is to then, you know, create the conditions where somebody is engaging in community work experience for, say, 40 to 50 hours a week, and then is unable to actually find the time to find work? I guess to me that is really concerning. Like, how will the Minister create safeguards around this? If there’s no safeguards in the legislation, can she at least give us assurance that the staff will be given guidance on the maximum amount of hours?
I also wanted to ask about subclause (2). This is after regulations 163(ab). There’s a line here that talks about training programmes: “employment-related training programmes or courses that MSD considers are suitable, for the non-financial sanction called upskilling;”. I wanted to ask whether MSD had already developed a suitability framework in relation to the language and the regulations that talks about suitability, because we don’t have the language in here more granularly defined. How will MSD ensure that they are assessing the suitability of this in a way that it is accurate, and doesn’t lead to discrepancies between offices across the country? So any guidance on whether MSD had already developed these for staff so that the implementation of the upskilling non-financial sanction does not lead to potential harm—people being placed in courses and programmes that are not suitable.
In the spirit of making sure that I am adding new content, I will move on to clause 61. This is around the community work experience, and I probably will have a range of questions around this because I’m really concerned that in the regulations there’s been a prescribed language around, for example, people having to participate in community work experience for an amount of time, you know, for having to be there in one or more positions. But there is nothing about how participation will be measured and who is responsible for actually, for example, reporting on participation in relation to community work experience. Like, where does the onus lie?
This is concerning because, for example, I can see that MSD could decide that the onus on reporting the participation, laid out in this new section 163B, may fall on the beneficiary. If it falls on the beneficiary, then will the portal be created? Will the beneficiary self-report how many hours they have attended in community work experience? Does this fall on the community organisation? What are the tools that will be given to those community organisations to ensure that they can actually adequately report on the number of hours and days that the beneficiary is participating in community work experience?
Will the onus on counting the amount of hours fall with MSD, and, if so, what are the staffing resources allocations that will be used by MSD to ensure that the number of hours and days that people participate in community work experience are adequately reported and that the beneficiary actually has that information available to them? Will the beneficiary be able to track those number of hours in a portal? How will the beneficiary make sure that they know how they’re tracking and the compliance with the community work experience?
If it is the community organisation that is in charge of tracking compliance, what are the safeguards that the Minister is putting in place to ensure that, for example, you don’t have community organisations that, for example, could say, “I really like this person on the benefit. I kind of don’t really believe that this person should be participating here, but I want to give them a free pass, so I’m just going to let them participate.”—basically, you know, count their participation, but they’re not actually attending.
Will there be anything to ensure that she can actually enforce the community work experience sanction and the organisations that she’s engaging with are actually engaging in good faith? Because we know a lot of these organisations have responded really negatively to this non-financial sanction. Some of them could say “I’m going to opt in”, but then not really follow through with complying with what’s out there. So what will the Minister do to ensure that this works as she’s intending it to? Right now, the regulations that she’s laid out only prescribe the amount of weeks and hours that someone has to participate in, but there’s genuinely nothing here around measuring participation.
Equally, on clause 61A, on new regulations 163C and 163D on “report job search”, I’m equally interested in how participation will be measured. But this is different, right? Like, community work experience participation is somebody literally going into a place—report job search is literally someone saying, “I have applied for this many jobs.” Has MSD developed the tools to ensure that, for example, somebody can report on MyMSD? Will that be verbally? Will that be over the phone? I think this is really important because those regulations are really high level. A lot of it will fall on how that is operationalised, and without giving clarity to people on this, how will we as legislators know that the operationalisation of these regulations is actually going to work at all? We have been given so few details on the job search activity side of things in particular, which is why I’m really interested in knowing whether the ministry has developed any guidelines around this.
Finally for this call—to give the Minister a chance to respond, because otherwise I think we’re not going to get a decent engagement—I wanted to move on to clause 65. These are where we replace regulation 189 with a range of other conditions in which section 334 of the Act specified benefit does not expire under section 332 of the Act.
I particularly wanted to point to (a), where it says that “the beneficiary is a patient in hospital care with the meaning of section 4(1) of the Health and Disability Services (Safety) Act 2001:”. Basically, this means that if somebody is in hospital care, their benefit does not expire. But at the same time, we know that the health system is particularly overburdened, people are being discharged a lot sooner than they should be. The hospital doesn’t have the capacity to adequately care for people, so we could have, for example, somebody being discharged from hospital care and yet still being in really ill health and not receiving the care that they deserve. Yet because they’re not deemed to be within hospital care, their benefit could still expire.
Does she think that actually the wording of “the beneficiary is a patient in hospital care” is adequate or whether language, for example, around “the beneficiary is a patient who is in ill health” or just to kind of broaden the definition so it’s better suited to actually take into account the state of our health system? I think this is important. These are regulations, which means they’re easier to modernise to ensure that they’re fit for purpose for current circumstances.
Also on this one, I also want to touch on section 189(e), which is around kind of giving a broader range of circumstances. For example, the second part of the sentence says “or may be affected by any exceptional circumstances other than those prescribed by paragraphs (c) and (d).” Is there guidance to staff around what counts as “exceptional circumstances”, or are we just leaving it to the discretion of case managers? If the Minister would be able to elucidate on the guidance that she’s aware that is given to staff to ensure that people’s benefits do not expire if they’re facing exceptional circumstances, that would be really valuable.
I think that would also be valuable to have it on the Hansard so that people on the benefit listening to this debate have clarity around how she intends to apply these so-called “exceptional circumstances” under clause 65.