The Government Didn't Seek Advice On Whether Drug Testing People On Centrelink Was Legal Or Discriminatory

    Brandis says he has no reason to believe it was required.

    The government didn't seek advice on whether its controversial plan to drug test Centrelink recipients was legal or discriminatory before announcing the policy in the Budget, attorney-general George Brandis has told a Senate inquiry.

    The government's controversial welfare crackdown announced in the May budget includes drug testing 5,000 people on Newstart and Youth Allowance for ecstasy, marijuana and ice from next year.

    Brandis told Senate Estimates on Thursday that he had no knowledge of legal advice being sought on the controversial proposal, and no reason to believe it was required.

    Officials from the attorney-general's department said they had been consulted on the implementation of the policy, but only after it was announced. They said they had not been asked for their opinion on its legality.

    "We've not been asked for, or not provided, a legal opinion," assistant secretary Andrew Walter said.

    When Brandis was asked by Labor senator Murray Watt if he could be sure the policy was legal, he replied:

    Brandis: What I said is I have no reason to believe legal advice has been sought – I'm not aware of, and I have no reason to believe, it has been.

    Watt: Can you assure the committee that this proposal from the government is legal? Does [it] comply with Australian law?

    Brandis: I am sure it is.

    Watt: How can you be sure if you aren't sure whether legal advice has been obtained?

    No answer was provided by the attorney-general.

    Greens Party leader Richard Di Natale told BuzzFeed News drug testing welfare recipients was a violation of civil liberties and sets a "dangerous precedent".

    "This is an absolutely shocking development that should send a chill down the spine of anyone who cares about personal freedoms and human dignity," Di Natale said.

    The Human Rights Commission (HRC) told the committee it was not consulted over the policy.

    Disability discrimination commissioner Alastair McEwin said he has concerns about the potential implication for human rights, but hasn't seen the full legislation.

    McEwin also questioned the government's plan to deny disability support payments to anyone with a disability caused by substance abuse.

    He said medical disabilities caused by drug and alcohol addiction are currently defined as a disability under the HRCs Disability Discrimination Act.