COMMITTEES

Ms MASCARENHAS (Swan) (16:26): On behalf of the Parliamentary Joint Committee on Human Rights, I present the committee's report entitled Human rights scrutinyreport 6 of 2025. Report made a parliamentary paper in accordance with standing order 39(e). Ms MASCARENHAS: by leave—I am pleased to present Report 5 of 2025 and table Report 6 of 2025 of the Parliamentary Joint Committee on Human Rights.

In these reports, the committee considered 44 bills and 150 new legislative instruments. It has commented on 15 bills and two legislative instruments, and concluded its examination of five bills and one legislative instrument. The committee has also sought additional information from relevant ministers in relation to the human rights compatibility of eight new bills.

In Report 5 of 2025, 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 non-citizens from Australia. These powers relate to the collection, use or disclosure of information entering third-country reception arrangements and issuing removal pathway directions to non-citizens.

The committee previously commented on these powers when they were first introduced. The committee considered that these powers limited numerous human rights. These same human rights concerns are relevant to this bill.

In particular, the committee considers that disapplying the rules of natural justice limits the right not to be expelled from a country without due process. The measure also engages Australia's non-refoulement obligations: the prohibition against torture, cruel, inhumane and degrading treatment; and the right to an effective remedy. The committee also notes that the bill directly 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 the bill finally passed both houses of the parliament in a short timeframe. This meant the committee did not have adequate time to scrutinise the bill and seek further information from the minister in order to provide appropriate human rights advice to the parliament.

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. In Report 6 of 2025, the committee has commented on the Criminal Code Amendment (State Sponsors of Terrorism) Bill 2025.

This bill would allow the Commonwealth to list foreign state entities as state sponsors of terrorism; introduce new criminal offences; and extend the application of part 5.3 of the Criminal Code, which relates to control orders, preventative detention orders, continuing detention orders and extended supervision orders. The bill would also extend the application of other counterterrorism and law enforcement powers in various acts to the new offences.

The committee considers that the measures in this bill limit numerous human rights. The committee considers that criminalising certain conduct relating to state sponsors of terrorism and state terrorist acts could deter and prevent the commission of violent offences and the advocacy of national, racial or religious hatred. In doing so, the measures could promote a number of human rights, including the rights to life and security of person.

However, the committee considers that the new offences and associated counterterrorism powers would also limit multiple human rights, including freedom of expression, freedom of association, equality and nondiscrimination, fair trial and liberty, as well as children's rights. The committee has previously provided detailed consideration of the counterterrorism and law enforcement powers that would apply to the new offences.

Consistent with its previous comments, the committee considers that these powers are likely to be incompatible with multiple human rights. The committee also considers that the new offences sought to be introduced by this bill do not appear to be compatible with a number of human rights. The committee reiterates its previous recommendations with respect to terrorism offences, particularly with respect to the rights of the child.

I encourage all members to consider the committee's reports closely. With these comments, I commend the committee's scrutiny reports 5 and 6 of 2025 to the House.