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Welfare Rights in Australia

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Welfare Rights Centre

Welfare rights are the right “to be made aware of your maximum entitlement to state welfare benefits”, and “to receive these benefits and be fairly treated by the welfare system.” These welfare rights are human rights. The Prussian Civil Code was enacted in 1794. The code imposed on the state a duty “to provide the sustenance and support of those of its citizens who cannot procure subsistence themselves”.

This established the legal proposition that citizens have a right against their government to subsistence. Furthermore, welfare rights are included in United Nations human rights treaties adopted following the Second World War. The 1948 Universal Declaration of Human Rights was such a treaty. Subsequently, welfare rights were secured in the domestic law of all developed countries. We now look at Welfare Rights in Australia and the Welfare Rights Centre network that has been established to assist you in understanding your rights.

Welfare Rights Act

Australia’s “Welfare Rights Act” isn’t a single piece of legislation. Instead, it refers to the broader concept of social security laws and the rights of individuals to access welfare benefits. It encompasses various acts and policies aimed at providing financial and other support to those in need, along with a legal framework that governs these systems.

What are welfare rights?

These are your rights to be made aware of your maximum entitlement to state welfare benefits and to receive these benefits and be fairly treated by the welfare system.

Welfare Rights and Advocacy Service

The below advocacy services provide information and support in enforcing your rights.

Welfare Rights NSW

The Welfare Rights Centre (WRC) in New South Wales (NSW), Australia, is a community legal service that provides free legal advice, information, and assistance to individuals experiencing problems with the social security system, including issues related to Centrelink payments. It is part of the National Social Security Rights Network (NSSRN), a network of community legal centres across Australia that specialise in social security law.

Key Services Provided by the Welfare Rights Centre (NSW):

  1. Free Legal Advice and Advocacy
  2. Representation in Appeals
  3. Assistance with Centrelink Payments
  4. Community Education
  5. Policy Advocacy and Law Reform

Individuals can access the Centre’s services via phone, email, or by booking appointments. The centre also provides resources online, such as fact sheets and self-help kits, to assist individuals in navigating the social security system.

Welfare Rights Centre NSW

Welfare Rights Victoria

The Welfare Rights Centre Victoria, like its counterpart in NSW, is a community legal service that offers free legal advice and assistance to people dealing with social security and Centrelink issues. It is part of the National Social Security Rights Network (NSSRN), a network of community legal centres across Australia that focus on social security law and rights.

Basic Rights Queensland

The agency Basic Rights Queensland (formerly ‘Welfare Rights Centre’) is a state-wide specialist community legal centre, providing free advice, advocacy and legal advice state wide by telephone.

Basic Rights Queensland Address

The postal address for Basic Rights Queensland is PO Box 496, Brisbane Qld 4001.

Basic Rights Qld
Basic Rights Qld

Welfare Rights WA

Welfare Rights WA is an organisation that provides information, advice, and advocacy for individuals in Western Australia regarding their rights and access to social security and welfare benefits. They assist clients in understanding their entitlements, navigating the welfare system, and addressing issues related to disputes or appeals with government agencies.

Welfare Rights South Australia

The Welfare Rights Centre in South Australia is a community legal centre that offers assistance to individuals seeking help with social security and welfare rights issues. They provide free legal advice, advocacy, and support for clients dealing with matters such as:

  • Understanding social security entitlements
  • Navigating the welfare system
  • Challenging decisions made by the Department of Human Services (DHS)
  • Assistance with appeals and reviews of welfare decisions

The centre aims to empower individuals by providing them with the knowledge and support they need to effectively advocate for their rights. If you have specific questions or need more information about their services, feel free to ask!

Welfare Rights Tasmania

Welfare Rights Tasmania is a free, independent community legal service dedicated to assisting Tasmanians with social security (Centrelink) issues. They provide specialist legal advice, help challenge decisions and debts, and offer representation in tribunals to ensure residents receive their correct entitlements and fair treatment under the law.

Welfare Rights Canberra

Welfare Rights Canberra is a community legal centre in the ACT that provides free, specialised legal advice and advocacy to individuals on social security (Centrelink) matters.

What is income support?

Income support takes the form a regular payment that helps you with living costs. However, in most countries the type of income support payment you receive depends on your circumstances. 

The right to income support requires a social security system. As a result, a country must, within its maximum available resources, ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families. It must enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, food and the most basic forms of education.

International human rights treaties confirm the right to income support as a welfare right. Indeed, Article 9 of the International Covenant on Economic, Social and Cultural Rights contains the right to social security. This requires that a country must, within its maximum available resources, ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least the essentials of life.

Income Support

Welfare rights include income support payments, sometimes known as social security. These payments should cover the following situations:

  • health care
  • old age
  • unemployment
  • employment injury and illness
  • family and child support, including the need to care for adult dependants
  • maternity
  • disability
income support
Income Support

Time needed: 3 minutes

How to receive your welfare rights.

  1. Research:

    Find out which government departments are responsible for welfare or social security payments and what specific payments they provide.

  2. Complete the application for payments:

    Look at the various criteria and complete applications for the payments you are entitled to receive.

  3. Check your application.

    Make sure your application is correct and has any required attachments.

  4. Lodge and follow up:

    Lodge your application and follow up any additional
    assessments if needed (e.g. medical assessments).

Other areas of assistance, whether it relates to education, mental health, or indeed, recreation, can be crucial in helping people get by. These public services help the poor to bounce back from traumatic events in life. In addition, they assist vulnerable groups, including people with disabilities and the elderly.

Perseverance is often the key. That is to say, bureaucracy can be hard to deal with and often delays occur. So make sure your application is up-to-date. And persevere until you have your full legal entitlement.

Housing is a Welfare Right!

Housing is essential for human survival. Hence, international law confirms the right to housing. This Declaration, adopted by the United Nations in 1948, established an internationally recognised set of standards for all persons without qualification. Article 25 of the Declaration says, “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including housing”. Unfortunately, turning rights into realities is difficult. So ensure you access available supports. In your country this may mean:

  • Access to public housing (often called social housing). This may be provided directly by government or a non-government body; and/or
  • A rent support payment or allowance paid direct to you so you can obtain housing in the private rental market.

Future Welfare Rights Reforms

There have been calls for either a Universal Basic Income or a Guaranteed Basic Income payment to be introduced. A Universal Basic Income is a direct payment that allows all people to afford the essentials of life. Indeed, every member of the community receives it. Hence, the name Universal Basic Income.

A Guaranteed Basic Income is more of an equity measure. This is a fixed amount paid to the most needy in a community. Indeed, the Guaranteed Basic Income has been trialled among disadvantaged groups. As a result, it has been shown to be helpful in increasing recipients quality of life. Indeed, it even improved recipients chances of obtaining employment, along with better health outcomes. As a result, socialists and liberals have united in campaigning for a direct income payment for those most in need.

Universal Basic Income

Welfare support and payments are not charity. Indeed, they are your legal entitlement. So it is important to know your welfare rights. They may come in the form of direct services such as housing, medical or other services. They may also take the form of income support payments.

In today’s world, the wealthiest 1% enjoy unimaginable wealth. However, these super-rich, look after themselves at the expense of the rest of us and the planet. So whatever form they take, make sure you claim your entitlements. Welfare rights are “your right to be aware of and to receive” your maximum entitlement to state welfare.

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