Scrutiny update
On 1 April 2026, the Parliamentary Joint Committee on Human Rights tabled its Report 4 of 2026, 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.
- This bill seeks to extend the application of certain police powers and warrants at major airports to the Sydney West Airport. The committee has previously raised concerns about the compatibility of these police powers and other law enforcement and intelligence gathering powers and warrants with the rights to privacy, freedom of movement, freedom of expression and freedom of assembly. To the extent that this bill extends the application of these powers and warrants, the committee considers there remains a risk that the measures do not constitute permissible limitations on several human rights.
- The committee considers that it has not been demonstrated that empowering the minister to make arrival control determinations which temporarily prevent the entry of non-citizen temporary visa holders into Australia represents a proportionate limitation on children’s rights and the rights to equality and non‑discrimination, freedom of movement, liberty and protection of the family. The committee further considers there to be a risk that the measure is not compatible with Australia’s non refoulement obligations. The committee has made some recommendations to assist with proportionality.
- The committee considers that, depending on the information shared and consequences of disclosure, there may be a risk that authorising the collection, use and disclosure of personal information, and in particular disclosure for the purpose of law enforcement, does not constitute a proportionate limitation on the right to privacy, the rights of the child and the right to equality and non-discrimination in all circumstances. The committee further notes that effective remedies should be available and the protection of the National Commissioner and others from liability may limit the effectiveness of available remedies.
- The committee considers that, in practice, the measures which seek to amend the child support periods and less than 35 per cent care rule may represent a marginal interference with the rights of the child and the right to an adequate standard of living, and as such, any limitation is likely proportionate.
- The committee considers that it has not been demonstrated that the safeguards accompanying the measures which seek to amend the employment income attribution rules would be adequate in practice to ensure that any limitation on the right to social security is proportionate. The committee also considers that it is not possible to assess whether the measures are compatible with the right to equality and non-discrimination.
- This instrument specifies the Hizb ut-Tahrir as a prohibited hate group for the purposes of the offences relating to prohibited hate groups in the Criminal Code Act 1995. The committee reiterates its previous human rights concerns with respect to these offences.
- The committee notes it has considered the compatibility of the Extradition Act 1988 on previous occasions and, to the extent that removing mandatory grounds of refusal for extradition requests from Denmark, Iceland, Japan and the Republic of Fiji may exacerbate or increase the occurrence of extradition processes, the committee reiterates its previous human rights concerns in relation to this measure.
- To the extent that the measure may lower the threshold for formally receiving extradition requests from these countries and may increase the instances of or opportunity for deportation or removal of a non citizen from Australia, the committee considers that the prohibition on the expulsion of aliens without due process may be engaged. The committee has sought further information from the minister in relation to the compatibility of this measure with this right.
- In relation to disclosing identifying information to prescribed bodies and international organisations, the committee considers that the safeguards accompanying this measure may not be adequate, and the measure may not, in all instances, constitute a proportionate limit on these rights. The committee has made recommendations to assist with the proportionality of the measure.
- The committee considers that publishing identifying personal information regarding disciplinary action taken against individual migration agents limits the right to privacy and there may be less rights restrictive approaches available to achieve the stated objective. Further, the committee considers the protection from civil liability for persons who publish a statement, or extract or copy the statement, may limit the effectiveness of available remedies.
- By expanding the application of the Proceeds of Crime Act 2002, the instrument raises longstanding concerns in relation to the freezing, restraint or forfeiture of property which engages and limits the right to privacy and the right to a fair trial. The committee has recommended that the government undertake a foundational review of the Proceeds of Crime Act 2002 for compatibility with human rights.