Originally published on Women’s Agenda on 20 November 2025.
Sweeping changes to the Social Security and Other Legislative Amendments (Technical Changes No. 2) Bill 2025 have been met with fierce opposition from peak disability organisations.
Section 5 of the amended bill gives the Home Affairs Minister the power to deprive a person of their welfare benefits if they are subject to an outstanding arrest warrant for a serious crime, without charge or criminal conviction.
The Australian Federation of Disability Organisations (AFDO) called on the Federal Government to withdraw the controversial section, raising concerns that the amendment will create further inequity and unintended consequences within the justice system.
CEO Ross Joyce says the organisation is calling for the government to “rethink this whole piece of legislation and take on board the the mass amounts of comments that they’ve received.”
Joyce said that denying people the fundamental rights to the presumption of innocence and procedural fairness was fundamentally “wrong.”
“There’s a whole range of domino effects,” Joyce says.
“We know from the Disability Royal Commission that people with disability are already overrepresented in the justice system and face systemic discrimination. That’s not the way society should work.”
Joyce suggests the knock-on effect will be devastating for people with disabilities.
“That’s going to impact the other support services people rely on.”
“We’re not talking about a crime, we’re talking about warrants,” Joyce points out. “That’s our big issue.”
“Is this the right thing to do when it’s just a warrant that has been issued?”
“It police could bring anything to the attention of the Home Affairs Minister, and [they could go] boom, next minute the person has whatever benefits that they are receiving removed.”
Those opposed to the amendments point out that it is not necessary for those impacted to have been convicted of the crime in question for the changes to apply.
Joyce says this will have a fundamental impact on the rule of law.
“We’re having judgment before you know the details of the offence.”
“They may have a criminal history and an arrest warrant, but they haven’t committed a crime.
“They receive punishment before there is any judicial finding and the ability to defend themselves.”
Thirty-five per cent (274,400) of First Nations people under 65 have a disability, with the youngest children in the justice system commonly First Nations children with disability, cognitive disability and those involved with child protection.
“They’re going to be punished,” Joyce forewarned.
Joyce fears that arbitrary decision-making on welfare payments will worsen inequality.
“It lends itself to interpretation”, Joyce cautions. “It can bring in bias.”
Concerns that the measure will “deepen inequality and push more people into poverty and crisis.”
“This amendment would see people lose their income, housing and access to essentials based on a police warrant, not a court finding,” Joyce points out.
“It would drive people into less safe environments and potentially put people out of their accommodation, so they are couch surfing or living rough”
Joyce expressed concerns that people with intellectual and psychosocial disabilities and acquired disabilities will be “potentially at risk” because of the “domino effect” of changes to the NDIS and Thriving Kids.
“Kids are getting pushed out of the NDIS, we still don’t have the detail,” Joyce criticises.
“We already had foundational supports pushed out because they couldn’t get that out on time.” “The government’s rushing to get it out.”
“It won’t come in a good way.”
Joyce expressed outrage that the impact of the government’s sweeping majority in both houses of Parliament on the passage of the legislation means the amendment is expected to be passed before the end of the year.
“How it slipped through from the House of Reps to the Senate is anyone’s guess.”
Firing one last warning shot, Joyce said the government’s plan was “just not on.”
“We won’t be putting up with that,” Joyce states. “No matter what … we will continue to push against this.”