Compulsory Income Management Under the Stronger Futures Laws – Providing 'Flexibility' or Overturning Freedom of Contract?

Shelley Bielefeld, 'Compulsory Income Management under the Stronger Futures Laws – Providing 'Flexibility' or Overturning Freedom of Contract?' (2013) 8(5) Indigenous Law Bulletin 18-21

4 Pages Posted: 6 Jan 2014

See all articles by Shelley Bielefeld

Shelley Bielefeld

School of Regulation and Global Governance (RegNet); Griffith University - Griffith Law School

Date Written: January 5, 2014

Abstract

Whilst income management has been heralded by the government as providing 'greater choice and flexibility' for welfare recipients, the scheme significantly erodes freedom of contract for those subject to it. The doctrine of freedom of contract maintains that consumers are to have freedom to enter into contracts for goods and services of their own choice with merchants of their own choice. The implementation of compulsory income management impedes the contractual freedom of those who are subject to it. Firstly, by prescribing a specified range of goods as 'priority needs', limiting the type of goods that may be purchased by welfare recipients due to the significant proportion of their income that is subject to income management. Secondly, these measures ensure that those subject to compulsory income management are no longer free to enter into whatever contractual agreements they wish.

Keywords: Compulsory Income Management, Indigenous peoples, Freedom of Contract, Stronger Futures

Suggested Citation

Bielefeld, Shelley and Bielefeld, Shelley, Compulsory Income Management Under the Stronger Futures Laws – Providing 'Flexibility' or Overturning Freedom of Contract? (January 5, 2014). Shelley Bielefeld, 'Compulsory Income Management under the Stronger Futures Laws – Providing 'Flexibility' or Overturning Freedom of Contract?' (2013) 8(5) Indigenous Law Bulletin 18-21, Available at SSRN: https://ssrn.com/abstract=2374997

Shelley Bielefeld (Contact Author)

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

School of Regulation and Global Governance (RegNet) ( email )

Canberra, Australian Capital Territory 2601
Australia

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