Scrutiny update
On 27 August 2025, the Parliamentary Joint Committee on Human Rights tabled its Report 4 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.
Bills (Report 4 of 2025)
Aged Care and Other Legislation Amendment Bill 2025
- The committee is seeking further information from the minister to assess the compatibility of expanding the definition of ‘guardian’ with the rights of persons with disability to equal recognition before the law.
- The committee considers that some questions remain as to the proportionality of measures authorising the sharing, use and disclosure of information, including personal information, with the right to privacy. The committee has recommended that an independent review of the privacy implications of the information-sharing scheme in the Aged Care Act 2024 be conducted; that the government consider undertaking a foundational review of relevant aged care legislation for human rights compatibility; and that the statement of compatibility be updated.
Appropriation Bills 2025-2026
- The committee is seeking further information from the minister to assess the compatibility of the appropriation bills with Australia's human rights obligations.
Australian Security Intelligence Organisation Amendment Bill (No. 1) 2025
Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025
- The committee is seeking further information from the minister to assess the compatibility of expanding the Australian Security Intelligence Organisation adult questioning matters and extending and ultimately making permanent the compulsory questioning powers framework, with multiple human rights, including the rights to liberty, freedom of movement, privacy, fair trial and freedom of expression, as well as the rights of the child and the rights of persons with disability.
Commonwealth Workplace Protection Orders Bill 2025
- The committee considers that by providing for consent orders to be made against individuals with impaired decision-making ability, this measure engages the rights of persons with disability to equal recognition before the law. The committee is seeking further information from the minister to assess the compatibility of this measure with this right.
Early Childhood Education and Care (Strengthening Regulation of Early Education) Bill 2025
- The committee considers that insofar as measures in this bill help to ensure that child care providers and services provide high quality and safe care to children, they promote the rights of the child.
- However, the committee considers that it is not clear that expanding the power to publicise enforcement events and information in relation to sanctions and suspensions against early childhood education and care providers on a public register constitutes a proportionate limitation on the right to privacy.
- The committee also considers that that there is a risk that enabling authorised persons to enter the premises of a child care service without consent and without a monitoring warrant may not be compatible with the right to privacy.
- The committee has recommended that the government consider undertaking a foundational review of the human rights compatibility of the Act this bill is seeking to amend. As the bill has passed, the committee makes no further comment.
Legislative Instruments (Report 4 of 2025)
Biosecurity (Entry Requirements) Determination [F2025L00820]
- The committee notes that requiring individuals to provide personal information and to be screened by equipment, non-compliance with which may trigger powers under the Biosecurity Act 2015, engages and may limit multiple human rights, including the right to privacy and the rights of children and people with disability. The committee is seeking further information from the minister to assess the compatibility of these measures with multiple human rights.