COMMITTEES

Ms MASCARENHAS (Swan) (16:14): On behalf of the Parliamentary Joint Committee on Human Rights, I present the committee's report entitled Human rights scrutiny report: report 5 of 2025. Report made a parliamentary paper in accordance with standing order 39(e). Ms MASCARENHAS: by leave—I am pleased to present the Parliamentary Joint Committee on Human Rights' fifth scrutiny report of 2025.

In this report, the committee has considered 29 new bills and 66 new legislative instruments. It has commented on eight bills and two legislative instruments and concluded its examination of four bills. In this report, the committee commented on the Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025.

This bill, now an act, removes the rules of natural justice in relation to the exercise of certain powers that facilitate the removal of noncitizens from Australia. These powers relate to the collection, use or disclosure of information; entering third-country reception arrangements; and issuing removal pathway directions to noncitizens. This committee previously commented on these powers when they were first introduced.

The committee considered that these powers limited numerous human rights. In relation to this bill, the committee considers that the human rights concerns associated with the powers are likely exacerbated by disapplying the rules of natural justice to these powers. In particular, the committee considers that this measure engages and limits the right not to be expelled from a country without due process.

The committee also considers that the measure engages Australia's non-refoulement obligations; the prohibition against torture and cruel, inhuman and degrading treatment; and the right to an effective remedy. The committee further notes that the bill affects the outcome of a case currently pending before the High Court of Australia. There is a risk that this could constitute an impermissible interference with the independence and impartiality of the judiciary, an element of the right to a fair hearing.

The committee notes that this bill has passed both houses of parliament in a short timeframe. This meant that the committee did not have adequate time to scrutinise the bill and seek further information from the minister in order to provide appropriate advice to the parliament as to the human rights compatibility of the bill. This is of particular concern to the committee given the significant human rights implications of this bill.

As the bill has now passed, the committee draws these concerns to the attention of the minister and the parliament, and makes no further comment. The committee also concluded its consideration of the appropriation bills 2025-26. The committee's consistent position since 2013 is that appropriation bills facilitate the taking of actions which may affect the progressive realisation of, or failure to fulfil, Australia's obligations under international human rights law.

The committee therefore considers that allocation of funds via appropriation bills may engage human rights and considers that appropriation bills are susceptible to a human rights assessment. The committee has recommended that statements of compatibility prepared for future appropriation bills should contain an assessment of human rights compatibility. Such statements should address the overall trends in the progressive realisation of economic, social and cultural rights; the impact of budget measures on vulnerable groups; and key measures which engage human rights.

In this report the committee also sought additional information from the relevant minister in relation to the human rights compatibility of four new bills and is awaiting further response from the Minister for Home Affairs in relation to the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025. I encourage all members to consider the committee's report closely, and with these comments I commend the committee's scrutiny report No. 5 of 2025 to the House.