Scrutiny update
On 11 December 2025 the Parliamentary Joint Committee on Human Rights tabled out of session its Report 8 of 2025, which provides an analysis of the human rights compatibility of recently introduced bills and legislative instruments.
This update provides a summary of the legislation commented on in this report. Where the committee is seeking further information, this indicates it has not yet formed a concluded view, as further information is required to assess the relevant human rights implications. This summary is not intended to be a substitute for the views of the committee as set out in the committee's scrutiny reports.
- Regarding the amendments seeking to expand the circumstances in which the Tribunal may make a decision without holding a hearing, the committee considers that the expeditious resolution of applications may promote the right to a fair hearing and is capable of being a legitimate objective under international human rights law. However, the committee considers that questions remain as to how much time and resources will be saved by this measure and, while the available safeguards may be sufficient to ensure any limitation on the right to a fair hearing is proportionate, it remains unclear if certain types of proceedings and certain applicants would in practice be disproportionately impacted by this measure.
- Regarding exceptions to the requirement to give the applicant certain information that is relevant to proceedings, the committee considers that there is a risk that this measure is not a proportionate limitation on the prohibition against the expulsion of aliens without due process due to the lack of appropriate safeguards, the availability of less rights restrictive alternatives and the extent of potential interference with the right.
- The committee considers that the measures to extend and ultimately make permanent ASIO’s compulsory questioning powers framework and expand the definition of ‘adult questioning matter’ may not, in all instances, constitute a proportionate limitation on multiple human rights. The committee has recommended amendments to the bill to assist with the proportionality of the measures and that the statement of compatibility be updated. The committee also reiterates its previous recommendations on the compulsory questioning framework.
- The committee is seeking further information from the minister in relation to the necessity of the measure with respect to children.
- The committee considers there to be a risk that enabling the Secretary of the Department to participate as a member in a meeting of the Commonwealth Parole Board may not be a proportionate limitation on the right to liberty, particularly the right to independent review of the lawfulness of detention, in all circumstances. The committee has recommended amendments to the bill to assist with proportionality.
- The committee considers that it is not possible to conclude that the two secrecy offences prohibiting the disclosure of information and documents provided to the proposed Parliamentary Joint Committee on Defence in confidence, is compatible with the right to freedom of expression. The committee has recommended amendments to the bill to assist with proportionality.
- The committee considers that expanding the power to record, disclose or otherwise use protected information for the purposes of the family assistance law does not appear to be a proportionate limitation on the right to privacy, noting that it has not been established that the measure is necessary and addresses an issue of public or social concern or is sufficiently circumscribed or accompanied by adequate safeguards. The committee has made recommendations to assist with the proportionality of the measure.
- In relation to Schedule 5 of this bill (now Act), which seeks to introduce a broader power to cancel a person’s social security payments or concession cards if they are the subject of an arrest warrant in respect of a serious violent or sexual offence, or might prejudice the security of Australia or a foreign country, the committee urgently sought further information from the minister to assess the compatibility of this measure with multiple human rights. The committee notes that it has not yet received a response and reiterates its concerns regarding the rapid passage of legislation before the committee has completed its scrutiny.
Legislative Instruments (Report 8 of 2025)
- This instrument establishes the operational detail required to implement the Aged Care Act 2024. The committee considers that several measures in the instrument promote human rights, including the rights to an adequate standard of living and health, and the rights of people with disability. However, the committee considers that several measures in the instrument also engage and limit human rights, including prescribing types of practices and interventions as restrictive practices and specifying requirements relating to their use on individuals; specifying restrictive practice nominees and restrictive practices substitute decision-makers; granting immunity from any civil and criminal liability to aged care workers in relation to the use of restrictive practices; publishing banning orders; and authorising the use and disclosure of personal information. The committee has made some recommendations in relation to these measures to assist with their human rights compatibility.
- The committee is seeking further information from the minister to assess the compatibility of measures providing for conditions of detention and affording privacy when being searched with the rights to freedom of movement, humane treatment in detention, liberty and privacy, the rights of persons with disability and the rights of the child.
- The committee is seeking further information from the minister to assess the compatibility of the information sharing measures in these instruments with the right to equality and non-discrimination, right to privacy and the rights of persons with disability.
- The committee is seeking further information from the minister to assess the compatibility of the measures determining the method of working out penalty amounts and matters to be considered for suspending social security payments with the rights to social security, an adequate standard of living, and equality and non-discrimination.