{"id":"C2023A00112","name":"Economic Inclusion Advisory Committee Act 2023","slug":"economic-inclusion-advisory-committee-act-2023","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"112 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436387,"registerId":"C2023A00112-fast-fetch-1775953599163","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Economic Inclusion Advisory Committee Act 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nEconomic Inclusion Advisory Committee Act 2023\n\n \n\nNo. 112, 2023\n\n \n\n \n\n \n\n \n\n \n\nAn Act to establish the Economic Inclusion Advisory Committee, and for related purposes\n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Simplified outline of this Act\n\n4 Definitions\n\n5 Functions or powers of Joint Ministers\n\nPart 2—Economic Inclusion Advisory Committee\n\nDivision 1—Introduction\n\n6 Simplified outline of this Part\n\nDivision 2—Committee establishment and function\n\n7 Establishment of Economic Inclusion Advisory Committee\n\n8 Committee’s function—reports ahead of Commonwealth Government budgets\n\n9 Committee’s powers\n\nDivision 3—Committee members\n\n10 Number of Committee members\n\n11 Appointments\n\n12 Term of appointments\n\n13 Acting appointments\n\n14 Allowances\n\n15 Leave of absence\n\n16 Disclosure of interests to Joint Ministers\n\n17 Disclosure of interests to Committee\n\n18 Resignation of appointment\n\n19 Termination of appointment\n\n20 Other terms and conditions\n\nDivision 4—Committee’s operation\n\n21 Holding meetings\n\n22 Quorum\n\n23 Conduct of meetings\n\n24 Departmental Secretary and Treasury Secretary to attend meetings and provide advice or assistance\n\n24A Joint Ministers to attend meetings and provide advice or assistance\n\nPart 3—Other matters\n\n25 Simplified outline of this Part\n\n26 Staffing\n\n27 Minister to consult the Treasurer\n\n28 Periodic reviews of the operation of this Act\n\n29 Regulations\n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nEconomic Inclusion Advisory Committee Act 2023\n\nNo. 112, 2023\n\n \n\n \n\n \n\nAn Act to establish the Economic Inclusion Advisory Committee, and for related purposes\n\n[Assented to 8 December 2023]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act is the Economic Inclusion Advisory Committee Act 2023.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act The day after this Act receives the Royal Assent. 9 December 2023\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Simplified outline of this Act\n\nThere is to be an Economic Inclusion Advisory Committee.\n\nThe Committee’s function is to give a written report to the Joint Ministers, ahead of each Commonwealth Government budget, on matters related to the Commonwealth Government’s policies, programs and responsibilities for enhancing economic inclusion and participation.\n\nThe Committee is to consist of up to 14 part‑time members, including a Chair, appointed by the Minister for terms of up to 3 years.\n\nThis Act is to be reviewed every 5 years.\n\n4  Definitions\n\n  In this Act:\n\nChair means the Chair of the Committee.\n\nCommittee means the Economic Inclusion Advisory Committee established by section 7.\n\nIndigenous person means a person who is:\n\n (a) a member of the Aboriginal race of Australia; or\n\n (b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.\n\nJoint Ministers means the Minister and the Treasurer.\n\n5  Functions or powers of Joint Ministers\n\n  If this Act gives a function or a power to the Joint Ministers, the function or power is to be performed or exercised by both Ministers jointly.\n\nPart 2—Economic Inclusion Advisory Committee\n\nDivision 1—Introduction\n\n6  Simplified outline of this Part\n\nThis Part establishes the Economic Inclusion Advisory Committee.\n\nThe Committee’s function is to give a written report to the Joint Ministers, ahead of each Commonwealth Government budget, on matters related to the Commonwealth Government’s policies, programs and responsibilities for enhancing economic inclusion and participation.\n\nThere are provisions providing for the appointment of the members of the Committee and for the terms and conditions of those members.\n\nCommittee members must include an academic social security expert and an economist, as well as members representing a range of organisations that advocate for, or provide services to, persons affected by the matters on which the Committee is to provide advice.\n\nCommittee members are not remunerated, but may be paid allowances.\n\nThe Committee is to hold meetings, as necessary, for the performance of its function.\n\nDivision 2—Committee establishment and function\n\n7  Establishment of Economic Inclusion Advisory Committee\n\n  The Economic Inclusion Advisory Committee is established by this section.\n\n8  Committee’s function—reports ahead of Commonwealth Government budgets\n\n (1) The Committee’s function is to give a written report to the Joint Ministers ahead of each Commonwealth Government budget.\n\nContents of report\n\n (2) The report must consist of advice prepared by the Committee about one or more of the following matters as they relate to the policies, programs and responsibilities of the Commonwealth Government:\n\n (a) economic inclusion, including approaches to boost economic participation through the following:\n\n (i) policy settings, systems and structures in the social security system;\n\n (ii) other relevant programs and policies;\n\n (b) the adequacy, effectiveness and sustainability of income support payments, including options to boost economic inclusion and tackle disadvantage;\n\n (c) options to reduce barriers and disincentives to work, including in relation to social security and employment services;\n\n (d) options for tailored responses to address barriers to economic inclusion for long term unemployed and disadvantaged groups, including place‑based approaches at the local level, having regard to the split between Commonwealth, State, Territory and local government responsibilities;\n\n (e) the impact of economic inclusion policies on people with barriers to work, including (without limitation) the following:\n\n (i) people with caring responsibilities;\n\n (ii) Indigenous persons;\n\n (iii) people with disability;\n\n (f) the impact of economic inclusion policies on gender equality;\n\n (g) the trends of inequality markers in Australia and international comparisons.\n\n (3) In preparing the report, the Committee must have regard to the following matters:\n\n (a) the Commonwealth Government’s economic and fiscal outlook and fiscal strategy;\n\n (b) workforce participation;\n\n (c) relevant Commonwealth Government policies;\n\n (d) the long‑term sustainability of the social security system.\n\n (4) The Committee must demonstrate in the report how the Committee had regard to those matters.\n\nTiming of report\n\n (5) The Committee must give the report at a time that allows adequate time for the Joint Ministers to consider the report before the Commonwealth Government budget is delivered in the House of Representatives.\n\nDirection by Joint Ministers\n\n (6) The Joint Ministers may, by written notice to the Chair, direct the Committee to ensure that a particular report under this section at least addresses specified matters mentioned in subsection (2).\n\n (7) The Committee must comply with any direction given under subsection (6).\n\n (8) A direction under subsection (6) is not a legislative instrument.\n\nPublication\n\n (9) The Minister must, in relation to a report given by the Committee under this section, cause the Committee’s findings to be published on the Department’s website at least 14 days before the Commonwealth Government budget is delivered in the House of Representatives.\n\n9  Committee’s powers\n\n  The Committee has power to do all things necessary or convenient to be done for, or in connection with, the performance of its function.\n\nDivision 3—Committee members\n\n10  Number of Committee members\n\n  The Committee consists of the following members:\n\n (a) a Chair;\n\n (b) up to 13 other members.\n\n11  Appointments\n\n (1) The Chair and other members of the Committee are to be appointed by the Minister by written instrument, on a part‑time basis.\n\nNote: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\nMembership requirements\n\n (2) In appointing the Chair and other members of the Committee, the Minister must ensure that each member is one of the following and that there is at least one of each of the following:\n\n (a) an academic expert in social security;\n\n (b) an economist;\n\n (c) a representative of an organisation which advocates, or which consists of individuals with lived experience, in relation to a matter relevant to the performance of the Committee’s function;\n\n (d) a representative of the community sector involved in assisting or supporting persons who are economically disadvantaged;\n\n (e) a representative of a trade union or a peak trade union body;\n\n (f) a representative of an employer or business association or a peak employer or business association.\n\n (3) The Minister must also:\n\n (a) ensure that at least one of those members is an Indigenous person; and\n\n (b) have regard to the desirability of the membership of the Committee reflecting the diversity of the general community.\n\n12  Term of appointments\n\n  A member of the Committee holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\nNote: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n13  Acting appointments\n\nAppointment to act during vacancy\n\n (1) The Minister may, by written instrument, appoint a person to act as the Chair, for a specified period of not more than 12 months, during a vacancy in the office of the Chair, whether or not an appointment has previously been made to the office.\n\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Committee other than the Chair, for a specified period of not more than 150 days, during a vacancy in the office of a member of the Committee other than the Chair, whether or not an appointment has previously been made to the office.\n\nAppointment to act during absence etc.\n\n (3) The Minister may, by written instrument, appoint a person to act as a member of the Committee during any period, or during all periods, when a member of the Committee:\n\n (a) is absent from duty or from Australia; or\n\n (b) is, for any reason, unable to perform the duties of the office.\n\nActing appointment requirements\n\n (4) Subsections 11(2) and (3) (membership requirements) apply in relation to the appointment of a person under this section in the same way as they apply to the appointment of a person under subsection 11(1).\n\nNote: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n14  Allowances\n\n (1) A member of the Committee is not to be paid any remuneration.\n\n (2) However, a member of the Committee is to be paid the allowances that are prescribed by the regulations.\n\n (3) The office of a member of the Committee is not a public office within the meaning of the Remuneration Tribunal Act 1973.\n\n15  Leave of absence\n\nChair\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\nOther members\n\n (2) The Chair may grant leave of absence to another member of the Committee on the terms and conditions that the Chair determines.\n\n (3) The Chair must notify the Minister if the Chair grants another member of the Committee leave of absence for a period that exceeds 3 months.\n\n16  Disclosure of interests to Joint Ministers\n\n  A member of the Committee must give written notice to the Joint Ministers of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.\n\n17  Disclosure of interests to Committee\n\n (1) A member of the Committee who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Committee must disclose the nature of the interest to a meeting of the Committee.\n\n (2) The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.\n\n (3) Unless the Committee otherwise determines, the member:\n\n (a) must not be present during any deliberation by the Committee on the matter; and\n\n (b) must not take part in any decision of the Committee with respect to the matter.\n\n (4) For the purposes of making a determination under subsection (3), the member:\n\n (a) must not be present during any deliberation of the Committee for the purpose of making the determination; and\n\n (b) must not take part in making the determination.\n\n18  Resignation of appointment\n\n (1) A member of the Committee may resign the member’s appointment by giving the Joint Ministers a written resignation.\n\n (2) The resignation takes effect on the day it is received by the Joint Ministers or, if a later day is specified in the resignation, on that later day.\n\n19  Termination of appointment\n\n (1) The Minister may terminate the appointment of a member of the Committee:\n\n (a) for misbehaviour; or\n\n (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n\n (2) The Minister may terminate the appointment of a member of the Committee if:\n\n (a) the member:\n\n (i) becomes bankrupt; or\n\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n\n (iii) compounds with the member’s creditors; or\n\n (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Committee; or\n\n (c) the member fails, without reasonable excuse, to comply with section 16 (disclosure of interests to Joint Ministers) or section 17 (disclosure of interests to Committee).\n\n (3) The Minister may terminate the appointment of a member of the Committee if the Minister is satisfied that, because of a change of circumstances occurring after the member’s appointment, the member is no longer a representative of the kind covered by subsection 11(2).\n\n20  Other terms and conditions\n\n  A member of the Committee holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\nDivision 4—Committee’s operation\n\n21  Holding meetings\n\n  The Committee must hold such meetings as are necessary for the efficient performance of its function.\n\n22  Quorum\n\n (1) At a meeting of the Committee, a quorum is constituted by 7 members.\n\n (2) However, if:\n\n (a) because of the operation of section 17, a member of the Committee is not present during deliberation by the Committee on a matter; and\n\n (b) when the member of the Committee leaves the meeting concerned there is no longer a quorum present;\n\nthe remaining members of the Committee at the meeting constitute a quorum for the purpose of deliberation or decision at that meeting with respect to that matter.\n\n23  Conduct of meetings\n\n  The Committee may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\nNote: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Committee members may participate in meetings.\n\n24  Departmental Secretary and Treasury Secretary to attend meetings and provide advice or assistance\n\n (1) The following persons are to attend each meeting of the Committee:\n\n (a) the Secretary of the Department administered by the Minister;\n\n (b) the Secretary of the Department of the Treasury.\n\n (2) The Secretary of a Department mentioned in subsection (1) may nominate an SES employee, or an acting SES employee, in that Department to attend a particular meeting of the Committee instead of that Secretary.\n\n (3) The Secretary of a Department mentioned in subsection (1) or a nominee under subsection (2):\n\n (a) may provide any reasonable advice or assistance requested by the Chair for the purposes of the performance of the Committee’s function; but\n\n (b) must not take part in any decision of the Committee about matters or advice to be included by the Committee in a report under section 8.\n\n24A  Joint Ministers to attend meetings and provide advice or assistance\n\n (1) The Minister is to attend 1 meeting of the Committee each financial year.\n\n (2) The Treasurer is to attend 1 meeting of the Committee each financial year.\n\n (3) The Joint Ministers:\n\n (a) may provide any reasonable advice or assistance requested by the Chair for the purposes of the performance of the Committee’s function; but\n\n (b) must not take part in any decision of the Committee about matters or advice to be included by the Committee in a report under section 8.\n\nPart 3—Other matters\n\n \n\n25  Simplified outline of this Part\n\nThis Part deals with the staff who are to assist the Committee, the decisions of the Minister that require consultation with the Treasurer, periodic reviews of this Act and the making of regulations.\n\n26  Staffing\n\n  The staff required to assist the Committee are to be APS employees made available for the purpose by:\n\n (a) the Secretary of the Department administered by the Minister; or\n\n (b) the Secretary of the Department of the Treasury.\n\n27  Minister to consult the Treasurer\n\n  The Minister must consult the Treasurer before the Minister does the following:\n\n (a) appoints a member of the Committee under section 11;\n\n (b) appoints a person to act as a member of the Committee under section 13;\n\n (c) terminates the appointment of a member of the Committee under section 19;\n\n (d) agrees to the persons who are to undertake a review under section 28.\n\n28  Periodic reviews of the operation of this Act\n\n (1) The Minister must cause independent reviews to be conducted of the operation of this Act.\n\n (2) The persons who are to undertake a review must be agreed between the Minister and the Chair.\n\n (3) Without limiting subsection (1), a review must consider whether the Committee is carrying out its function effectively.\n\nFirst review\n\n (4) The first review under subsection (1) must be completed within 3 years after the commencement of this section.\n\nLater reviews\n\n (5) Each later review under subsection (1) must be completed within 5 years after the completion of the previous review.\n\nReport of a review\n\n (6) The persons undertaking a review must give the Minister a written report of the review no later than 6 months after the review starts.\n\n (7) The Minister must give a copy of the report to the Chair as soon as practicable after receiving the report.\n\n (8) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the report is given to the Minister.\n\n29  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 19 October 2023\n\nSenate on 4 December 2023]\n\n \n\n(127/23)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's scope aligns with its stated purpose in the simplified outlines: establish an advisory committee to report before each Commonwealth budget on economic inclusion (ss 3,6,8). The Act confines the Committee to advisory functions and prescribes membership, operational, disclosure and review mechanisms. While the Minister and Treasurer can direct particular report matters (s 8(6)–(7)) and must be consulted on appointments and terminations (s 27), those powers shape focus and governance rather than expand the Committee's statutory remit beyond pre‑budget advisory reporting (ss 8,11,27,28)."},"complexity_factors":["Mandatory annual pre‑budget report with statutory content and mandatory demonstration that specified matters were considered (s 8(1)–(5)) increases procedural constraints on advice.","Detailed membership composition and minimum representation requirements (academic social security expert, economist, Indigenous member, community, employer and union representatives) create recruitment and representativeness constraints (s 11(2)–(3)).","Appointment, acting appointment and termination powers vested in the Minister, with mandatory consultation with the Treasurer for key decisions, concentrate discretion and add procedural steps (ss 11, 13, 19, 27).","Ministerial power to direct topics for a particular report that the Committee must follow (s 8(6)–(7)) introduces potential narrowing of independent agenda setting.","Mandatory attendance and assistance roles for Departmental and Treasury Secretaries, and annual attendance by each Joint Minister, create institutional involvement while preventing those officers/ministers from voting on Committee decisions (ss 24, 24A).","Conflict‑of‑interest disclosure rules and exclusion from deliberations impose compliance duties on members (ss 16–17).","Non‑remuneration but regulated allowances and classification outside Remuneration Tribunal coverage affect recruitment incentives (s 14).","Quorum and meeting conduct rules (7 member quorum, special quorum rule when members excluded for conflicts) affect operational viability (s 22).","Statutory periodic independent reviews with reporting and tabling requirements create ongoing oversight and administrative obligations (s 28).","Publication timing requirement for findings at least 14 days before the budget requires coordination with executive budget processes (s 8(9))."],"plain_english_summary":"Creates a part‑time Economic Inclusion Advisory Committee to give written advice to the Minister and the Treasurer ahead of each Commonwealth budget on ways to boost economic participation and assess income support. It affects appointees, the Department and Treasury staff who support it, and ministers who receive its reports. The Committee of up to 14 members (including specified experts and community, employer and union representatives) is appointed by the Minister, is unpaid but may receive allowances, must publish findings before the budget, and must have regard to fiscal and workforce factors (ss 3,8,11,14,24,8(3))."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing an advisory committee to provide pre-budget advice on economic inclusion. The scope has not expanded beyond this core function. The detailed membership requirements, reporting obligations, and transparency mechanisms all serve the original intent of creating an institutionalised advisory body rather than creeping into broader policy areas."},"complexity_factors":["Straightforward structure with only 3 Parts and 29 sections","Minimal cross-referencing — primarily refers to the Acts Interpretation Act 1901 for standard administrative matters (reappointments, acting appointments, meeting participation)","Only 4 defined terms in section 4 (Chair, Committee, Indigenous person, Joint Ministers)","Clear, linear operational rules without nested exceptions","Simple conditional logic — primarily 'if/then' provisions for appointments and disclosures","No delegated legislative powers beyond standard regulation-making power in section 29","Membership requirements in section 11(2) are prescriptive but use plain categories (academic, economist, union representative, etc.)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a new advisory body called the **Economic Inclusion Advisory Committee** (EIAC). Its main job is to give the government independent advice on how to help more Australians participate in the economy, particularly those who are disadvantaged or struggling to find work.\n\n**Who it affects:**\n\n- **The government** — specifically the Minister for Social Services and the Treasurer (who must act together on most decisions, referred to as \"Joint Ministers\")\n- **Committee members** — up to 14 part-time appointees including experts in social security, economists, union representatives, business representatives, community sector workers, and people with lived experience of economic disadvantage\n- **People receiving income support** — the Committee's advice directly concerns the adequacy of payments like JobSeeker, barriers to work, and policies affecting people with disabilities, caring responsibilities, and Indigenous Australians\n\n**How it works:**\n\n- The Committee must produce a **written report before every federal budget** with advice on:\n  - Whether income support payments are adequate and sustainable\n  - How to reduce barriers to work\n  - Policies affecting disadvantaged groups (people with disability, carers, Indigenous Australians, long-term unemployed)\n  - Gender equality impacts\n  - International comparisons of inequality\n\n- The Committee has **strict membership rules** to ensure diverse perspectives: at least one academic social security expert, one economist, one Indigenous person, and representatives from unions, business, community organisations, and advocacy groups\n\n- **Key transparency requirements:**\n  - The Minister must publish the Committee's findings online at least 14 days before the budget\n  - Members must disclose conflicts of interest\n  - The Department and Treasury Secretaries must attend all meetings (but cannot vote)\n  - The Minister and Treasurer must each attend one meeting per year\n\n- **No salaries** — members serve part-time without remuneration but can claim allowances\n\n- **Built-in review** — the Act must be reviewed every 5 years (first review within 3 years)\n\n**Why it matters:**\n\nThis creates a permanent, institutionalised voice for economic inclusion in the budget process. Rather than ad-hoc reviews, the government now has a statutory obligation to receive and publish independent advice on whether Australia's social security system is working for the most vulnerable — before finalising budget decisions."}},"importantCases":[],"_links":{"self":"/api/acts/economic-inclusion-advisory-committee-act-2023","history":"/api/acts/economic-inclusion-advisory-committee-act-2023/history","analysis":"/api/acts/economic-inclusion-advisory-committee-act-2023/analysis","conflicts":"/api/acts/economic-inclusion-advisory-committee-act-2023/conflicts","importantCases":"/api/acts/economic-inclusion-advisory-committee-act-2023/important-cases","documents":"/api/acts/economic-inclusion-advisory-committee-act-2023/documents"}}