human rights in the decision-making process
is fundamental to public authorities delivering
outcomes that uphold human rights. It is
necessary for decision-makers to understand the
potential consequences of their actions before
policies are implemented so that, if necessary,
adjustments can be made to avoid unreasonable
infringements on rights.
was used to inform the development of an
income management trial in Shepparton.
have their freedom to purchases goods and
services limited. As such, the decision to
participate in the trial could have a profound
impact on the rights of those individuals and
their children. As the example shows, the Charter
prompted decision makers from the Department
of Human Services to identify the possible
outcomes of their decisions and to consider
options that meet the best interests of clients.
rights in from the start
roll out place-based income management
trials across Australia, the Victorian
Government agreed to participate in the
Greater Shepparton local government area
trial using a consent-based model for child
protection referrals. Under the trial, people
referred to income management through the
child protection system have 70 per cent of
their income from Centrelink managed.
for groceries, medical expenses, educational
expenses or utilities, as well as a range of
other expenses. Participants in the trial are
offered a BasicsCard, which can be used at a
range of BasicsCard providers in the Greater
Shepparton area. In establishing its model
for participation, the Victorian Government,
through the Department of Human Services,
took steps to ensure that it could continue to
meet its legal obligations under Victorian law,
including its obligations to act consistently with
the Charter and to take relevant human rights
into account when making decisions.
it could protect the rights of individuals by
advising clients to make informed decisions
about income management and by making
sure that clients are only referred for income
management with their consent and when it is
in the child's best interests.
considerations into its guidance material and
training for staff at the beginning of the trial.
These materials recognised the need to act in
the best interests of the children involved, to
handled by the Department, to give
information about the scheme to people in a
way that is accessible to them and to consider
the potential impact of income management
on the particular family involved. In the
training and policy advice, staff were asked to
consider the individual circumstances of their
clients, such as their access to educational
opportunities and their access to culturally
and religiously appropriate food providers
(such as kosher or halal food).
management trial may engage the following
human rights:
participation from the start and by providing
guidance about the human rights issues that
might arise, the Department helped its staff
to exercise their judgement to ensure that
any referrals made will support the policy
objectives of the trial. It also ensures that staff
meet their Charter obligations and achieve the
best outcomes for their clients. Human rights
considerations will also inform the evaluation
of the income management trial in Victoria.