Scrutiny update
On 29 October 2025 the Parliamentary Joint Committee on Human Rights tabled its Report 6 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 6 of 2025)
- The committee is seeking further information from the Attorney-General regarding the compatibility of expanding the circumstances in which the Administrative Review Tribunal may make a decision without holding a hearing with the right to a fair hearing.
- The committee is also seeking further information from the Attorney-General regarding restrictions on the disclosure of relevant information to the applicant in migration decisions that could result in the expulsion or deportation of non-citizens or foreign nations who are lawfully in Australia with the prohibition against expulsion of aliens without due process.
- The committee considers there to be a risk that expanding the definition of guardian in the Aged Care Act 2024 may facilitate a form of substitute decision-making, including potentially in the context of restrictive practices, contrary to the requirement under international human rights law to replace substitute decision-making with supported decision making. In drafting the rules pursuant to this bill (now Act), the committee considers that regard should be had to the committee’s previous recommendations on equivalent legislation. The committee also recommends the statement of compatibility be updated and otherwise draws its human rights concerns to the attention of the minister and the Parliament.
- The committee is seeking further information from the minister regarding the compatibility of allowing the Secretary to participate as a member of the Commonwealth Parole Board with the right to liberty, particularly the right to independent review of the lawfulness of detention.
- The committee considers that there may be a risk that the new regime for reconsideration and deferral of a parole decision could result in arbitrary detention in certain circumstances and has made recommendations to assist with the proportionality of the measure.
- The committee considers there is a risk that authorising the Commonwealth Parole Board to disclose sensitive personal information to a wide range of entities and persons may not constitute a proportionate limitation on the right to privacy. The committee has made a recommendation to assist with the proportionality of the measure.
- The committee notes that the Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025 seeks to amend several provisions of the Crimes Act 1914 which give rise to multiple human rights concerns, particularly in relation to the right to liberty, the rights of people with disability and the rights of the child. The committee has recommended a foundational human rights review of the Crimes Act 1914 and that the statement of compatibility be updated. The committee otherwise draws its human rights concerns to the attention of the Attorney-General and the Parliament.
- The committee considers that specifying a foreign state entity as a state sponsor of terrorism and introducing new terrorism offences may promote a number of human rights, including the rights to life and security of person. However, the committee also considers that these measures limit multiple human rights, including the rights to freedom of expression, freedom of association, equality and non-discrimination, fair trial, liberty, and rights of the child, and that the measures do not appear to be compatible with these rights.
- The committee notes that it has previously considered some of the terrorism offences that are sought to be amended in this bill as well as the various counterterrorism and law enforcement powers that would apply to the new offences. The committee reiterates its previous recommendations with respect to terrorism offences and otherwise draws its human rights concerns to the attention of the Attorney-General and the Parliament.
- The committee is seeking further information from the minister to assess the compatibility of two proposed secrecy offences prohibiting the disclosure of information and documents with the right to freedom of expression.
- The committee is seeking further information from the minister to assess the compatibility of a proposed new authorisation for a person to record, disclose or use protected information with the right to privacy.
- The committee considers that it is not clear that amending multiple Acts to broaden the authorisations and circumstances in which personal information may be shared, used and disclosed constitutes a proportionate limitation on the right to privacy. The committee has recommended that the Government consider undertaking a foundational review of the Acts which the bill seeks to amend for compatibility with the right to privacy.
Legislative Instruments (Report 6 of 2025)
- The committee considers that setting requirements relating to individuals entering Australia who have been in yellow fever risk regions would promote the right to health. However, the committee also considers that the measure may limit the right to privacy and there do not appear to be any safeguards in place to ensure any limit on the right to privacy will be proportionate and to protect the rights of the child and the rights of persons with disability. The committee has made recommendations to assist with the proportionality of the measure and draws these human rights concerns to the attention of the minister and the Parliament.