Scrutiny update

On 20 March 2024 the Parliamentary Joint Committee on Human Rights tabled its Report 2 of 2024, which provides an analysis of the human rights compatibility of recently introduced bills and legislative instruments.

Bills (Report 2 of 2024)

Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Bill 2024

  • This bill removes administrative review of preventative detention order decisions, and the committee considers whether judicial review provides an effective remedy will depend on the circumstances of each case.

Autonomous Sanctions Amendment Bill 2024

  • The committee considers this bill, in retrospectively validating actions taken under the autonomous sanctions regime, risks being incompatible with multiple human rights. The committee reiterates that the compatibility of the autonomous sanctions regime may be assisted were it to include a number of safeguards as previously recommended by the committee. 

Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024

  • The committee considers that requiring an assessment of the decision-making capacity of a vulnerable adult person engages and may limit the rights of people with disability to equal recognition before the law. In determining whether the bill is compatible with this right, much will depend on the criteria by which the court determines if a person has ‘decision-making capacity’, and whether any assistance is made available to a person with a cognitive disability to support them in the exercise of their legal capacity.