Month: September 2022

We are pleased to announce that the Governor-General, His Excellency General the Honourable David Hurley AC DSC (Retd), has accepted the advice of the Government to appoint the Honourable Justice Jayne Jagot as a Justice of the High Court of Australia.

Justice Jagot will commence on 17 October 2022 upon the retirement of the Honourable Justice Patrick Keane AC.

Justice Jagot is the 56th Justice of the High Court and the seventh woman appointed to the Court. This is the first time since Federation that a majority of Justices on the High Court will be women.

Justice Jagot is regarded as outstanding lawyer and an eminent judge. She is currently serving as a Judge of the Federal Court of Australia.

The Government congratulates Justice Jagot on her well-deserved appointment. It is a role that she will fill with distinction.

The Government consulted extensively in the lead up to this decision, including with all state and territory Attorneys-General, the Shadow Attorney-General, the heads of the Federal Courts and state and territory Supreme Courts, state and territory Bar associations and law societies, National Legal Aid, Australian Women Lawyers, the National Association of Community Legal Centres and deans of law schools.

Throughout this consultation, Justice Jagot’s legal acumen and sterling reputation on the Bench was noted.

The Government is grateful to all who provided nominations and assisted with its consideration of suitable candidates for this significant position.

We also take this opportunity to again thank Justice Keane for his nine years of distinguished service on the High Court and wish him well in his retirement.

A short biography of Justice Jagot follows.

Biography of Justice Jayne Jagot, Justice of the High Court of Australia

Current and previous positions:

• Judge, Federal Court of Australia
• Additional Judge, Supreme Court of the Australian Capital Territory
• Deputy President, Copyright Tribunal of Australia
• Judge, Land and Environment Court of NSW
• Barrister
• Partner, Mallesons Stephen Jaques (now King & Wood Mallesons)

Qualifications:

• Bachelor of Laws (Hons I), University of Sydney, 1990
• Bachelor of Arts (Hons I), Macquarie University, 1986

Australia has a housing affordability problem, with many Australians struggling to rent or buy a home, according to the Productivity Commission’s review of the National Housing and Homelessness Agreement (NHHA) released today.

“The NHHA is intended to improve access to affordable housing, but it is ineffective. It does not foster collaboration between governments or hold governments to account. It is a funding contract, not a blueprint for reform,” Commissioner Malcolm Roberts said.

“Over the life of the NHHA, housing affordability has deteriorated for many people, especially people renting in the private market. The median low-income renter spends over a third (36 per cent) of their income on rent. About 1 in 5 low-income households are left with less than $250 after paying their weekly rent.

“With the private market becoming less affordable, demand for homelessness services and social housing is rising.”

As governments develop a new intergovernmental agreement and a national plan, there is an opportunity to better target the $16 billion they spend on housing assistance.

“As a first step, the Commission is recommending that all housing assistance be brought under the next intergovernmental agreement (the NHHA covers just 10 per cent of government spending on direct housing assistance). This will help governments prioritise spending to the people in greatest need.

“A two-track approach is needed to ease the pressure on low-income renters — the capacity for low-income renters to pay for housing needs to be improved and constraints on new housing supply need to be removed.”

The $5.3 billion Commonwealth Rent Assistance program should be reviewed. There is a strong case to improve its adequacy and targeting. At the same time, State and Territory Governments should commit to targets for new housing supply and accelerate planning and other reforms.

“The safety net — homelessness services and social housing — should be improved. More support is needed for homelessness prevention and early intervention programs. As governments invest more in social housing, they should also test more flexible and timely ways to assist people,” Commissioner Romlie Mokak said.

“The Commission is recommending the new NHHA have a greater focus on coordinated policy action across jurisdictions, homelessness prevention and early intervention, and Aboriginal and Torres Strait Islander housing.”

A full copy of In Need of Repair: The National Housing and Homelessness Agreement is available from the Commission’s website: www.pc.gov.au/inquiries/completed/housing-homelessness/report

Key facts: Key points

Australia has a housing affordability problem. Australians, particularly those on low incomes, are spending more on housing than they used to. Many low-income private renter households spend a large share of their income on rent. Demand for social housing is rising. More people are seeking help for homelessness and more are being turned away. Home ownership rates are falling, particularly for young Australians.

The National Housing and Homelessness Agreement — intended to improve access to affordable, safe and sustainable housing — is ineffective. It does not foster collaboration between governments or hold governments to account. It is a funding contract, not a blueprint for reform.

The next intergovernmental Agreement (and the proposed National Housing and Homelessness Plan) is an opportunity for governments to work together on a national reform agenda to make housing more affordable. Rising rents and low vacancy rates are placing private renters under pressure, which increases demand for government-funded housing and homelessness services.

The focus of the next Agreement should be on improving the affordability of the private rental market and the targeting of housing assistance. Improving the capacity of low‑income renters to pay for housing and removing constraints on new housing supply are key to making housing more affordable.

• The Australian Government should review Commonwealth Rent Assistance as a priority. There is a strong case for changes to improve its adequacy and targeting.

• State and Territory Governments should commit to firm targets for new housing supply, facilitated by planning reforms and better co-ordination of infrastructure.

• The $16 billion governments spend each year on direct housing assistance could achieve more if it was better targeted to people in greatest need. The nearly $3 billion given to first home buyers works against improving affordability. This money would be better spent preventing homelessness.

• Social housing is an important part of the affordable housing solution, but it has a number of shortcomings. Governments should trial a housing assistance model that provides equivalent assistance to people in need regardless of whether they live in public, community or privately‑owned housing. It should also test innovative ways to help people at risk of homelessness sustain tenancies in the private market and assist social housing tenants move to the private rental market.

These changes will help more low‑income households in the private rental market and reduce the number of people who experience homelessness or need social housing.

The next Agreement can support these changes by including:

• principles to guide how housing assistance should be provided and assistance dollars spent

• a broader scope, covering all forms of direct housing assistance

• achievable and measurable targets focused on outcomes for people

• a new performance monitoring framework with annual reporting on outcomes and performance indicators

• effective governance, including oversight by a ministerial council and channels for key stakeholders to be involved in the design and delivery of major programs

• a new approach to supporting Aboriginal and Torres Strait Islander housing and homelessness services

• a greater focus on building the evidence base essential for good policy and accountability.

In the wake of Roe v Wade, the Australian Greens will today establish a Senate inquiry into abortion access in Australia. 

This inquiry will identify what can be done federally to alleviate the physical and financial barriers to accessing contraceptives, sexual and reproductive healthcare and termination services, as well as options to improve the quality and availability services, particularly in regional and remote Australia.

Greens leader in the senate and spokesperson on women Senator Larissa Waters said:

“Abortion remains expensive and inaccessible for many, especially those who already face massive healthcare barriers, including First Nations people and people from culturally and linguistically diverse backgrounds.

“In the wake of Roe v Wade, the federal government should look at what it can do to eliminate Australia’s barriers to accessible and affordable abortion.

“Access to safe, legal abortion remains a postcode lottery in Australia, with different rules, costs and availability depending on where you live. Some people are having to travel for hours at significant expense to access this basic healthcare service.

“In remote and regional areas, like Townsville and Mackay, many women are forced to travel long distances, at significant expense, to access to sexual and reproductive health services including long-acting contraception, medical and surgical abortions and counselling.

“The Greens support calls for national consistency on abortion laws, provided they are best practice, which would be ascertained through the inquiry.

“The Greens will resist any attempt in Australia to wind back reproductive rights. And we’ll continue to work to ensure people have access to legal, free and safe pregnancy termination services and a full range of contraception options, including unbiased counselling, no matter where they live.

“The impacts of poor sexual health literacy, lack of access to contraceptives and quality reproductive healthcare are clear. This inquiry will provide an invaluable insight into the barriers people are facing and how the federal government can intervene to fix them.”

Greens Senator Jordon Steele-John, spokesperson for Health said:

“Improper access to sexual and reproductive health services, including abortion, is a serious healthcare issue and must be addressed as such.

“Too often women, trans, and non-binary folks, are left behind by our state and federal governments when it comes to healthcare. 

“The Australian Greens will continue to demand better support and care for those who need any reproductive services whenever, wherever, and however they want to access it.

“This inquiry would champion every single person’s human right to accessing the services and care that they need in a timely, accurate, and culturally appropriate manner.”

Australian Greens Social Services spokesperson Senator Janet Rice has welcomed the end of the cashless debit card after the bill passed tonight. 

Senator Rice said: 

“Today is a big day for the more than 12,000 people who will be able to exit compulsory income management. 

“Anyone living in Ceduna SA , the Goldfields and East Kimberley regions of WA and the Bundaberg- Hervey Bay region of Queensland who has been on the CDC will finally be able to control their own finances again. 

“They’ll be able to buy clothes for their kids at second hand stores; pay cash for fruit and veg at the markets and buy goods online rather than having most of their income quarantined on a debit card.  

“The CDC has been extremely harmful to thousands of people and it’s great to see the back of it.

“We are pleased the government agreed to our amendment for the Minister to report on progress on a transition plan in each of the four communities, outlining the extra services and supports that will be available to these communities after the cashless debit card is abolished.

“The Greens welcome the end of the Cashless Debit Card today but the fight isn’t over.

“Across Australia, more than twenty thousand people are still trapped on compulsory income management, which we know is punitive, harmful and completely ineffective.

“The Greens welcome the passing of this bill, but want to see all forms of compulsory income management abolished for good.

“The government needs to address the underlying structural factors that contribute to disadvantage beyond CDC. We call on the government to listen to communities for solutions rather than trying to control them.”

The Greens understand that the Senate will today support our motion requiring Reserve Bank governor Dr Philip Lowe to appear at Senate Estimates.

“Independence does not mean a lack of accountability,” Greens Economic Justice Spokesperson Senator Nick McKim said.

“There are serious questions for Dr Lowe.” 

“Dr Lowe induced people into taking on massive amounts of debt by saying interest rates wouldn’t go up until wages had increased substantially and this was unlikely to be until 2024.”

“He needs to explain why interest rates are being jacked up without the preconditions that he set being met.”

“He also needs to explain how increasing interest rates is going to conquer inflation that is being driven by supply shocks and corporate profiteering.”

“The consequences of five consecutive rate rises have been stark – renters, mortgage holders and small business owners are all being smashed trying to fix a problem they did not cause.”

“It’s time for Dr Lowe to face the music.”

The Greens motion, which requires the Economics Legislation Committee to invite Dr Lowe to appear at Senate Estimates on November 9, will be voted on this afternoon.