Breaching the Right to Social Security
Bibliographic Data
| ID | 14970848 |
|---|---|
| Authors | Tamara Walsh (0000-0003-4119-3550, corresponding author) |
| Year | 2003 |
| Volume | 12 |
| Issue | 1 |
| Pages | 43-63 |
| Publication date | 2003-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10383441.2003.10854510 |
| OpenAlex | W2027120446 |
| Language | EN |
| Citations received | 4 |
| References cited | 8 |
Under Australia's current social security breach penalty regime, harsh monetary penalties are imposed on income support recipients who commit (often very minor) breaches of their mutual obligation requirements. The current regime offends a number of provisions of international human rights law, including the rights to social security, an adequate standard of living, free choice of employment and rest and leisure. In addition, the regime contravenes certain provisions in the Social Security Act 1991 (Cth) and offends established rules of natural justice required under administrative law. Further, the penalty regime breaches a number of established principles of common law, including freedom of contract, the presumption of innocence and the principle that the best interests of the child should be considered paramount in decisions affecting children. The recently passed AWT Act 2003 (Cth) will go some way towards rectifying some of these contraventions; however, further reforms will be required before it can be said that the government's breach penalty regime does not amount to a breach of the law
Commit · Economics · Government (linguistics · Law and economics · Obligation · Political science · Presumption · Presumption of innocence · Social security · Healthcare innovation and challenges · Homelessness and Social Issues · Law · Social Policy and Reform Studies
Citizenship and Social Class
From Entitlement to Contract
Citizenship and Welfare
Developments in Citizenship Theory and Issues in Australian Citizenship
Mutuality, Mead & McClure
Mutual Obligation and the Welfare Responsibilities of Government
Citizenship, Social Citizenship and the Defence of Welfare Provision
The Consequences of Welfare Reform
| Unique citing works | 4 |
|---|---|
| Citations per year | 0,19 |
| Citation span | 2005 - 2020 (16) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 4 |