Chapter 1Budget estimates 2025-26

1.1The Senate Legal and Constitutional Affairs Legislation Committee (the committee) examined the proposed 2025-26 expenditure for the Home Affairs portfolio and the Attorney-General’s portfolio at a public hearing held on 27March 2025.

1.2This report does not attempt to analyse the evidence presented to the committee; however, it does outline the key issues considered by the committee during its examination of the proposed 2025-26 expenditure.

Referral of documents

1.3On 25 March 2025, the Senate referred the following documents to committees for examination and report:

particulars of proposed expenditure in respect of the year ending on 30 June 2026 [Supply Bill (No. 1) 2025-2026];

particulars of certain proposed expenditure in respect of the year ending on 30 June 2026 [Supply Bill (No. 2) 2025-2026]; and

particulars of proposed expenditure in relation to the parliamentary departments in respect of the year ending on 30 June 2023 [Supply (Parliamentary Departments) Bill (No. 1) 2025-2026].[1]

Questions on notice

1.4In accordance with Standing Order 26, the committee has drawn the attention of the departments and their agencies to the agreed deadline of Thursday, 29May 2025 for the receipt of answers to questions taken on notice.

1.5This report has been prepared without reference to any responses to questions on notice.

1.6Tabled documents from the hearing, along with responses to questions on notice and additional information provided to the committee, are tabled in the Senate and uploaded to the committee’s website.[2]

Hansard transcripts

1.7A transcription of the committee’s hearing is made via the Committee Hansard, which is published on the estimates webpage.

1.8References in this report are to the proof Committee Hansard. Page numbers may vary between the proofs and the final versions of the Committee Hansard.

Home Affairs portfolio

1.9At its hearing on 27 March 2025, the committee examined the outcomes of the Home Affairs portfolio and took evidence from the Department of Home Affairs (including Australian Border Force (ABF)).

1.10Evidence was presented by Senator the Hon Murray Watt, the Minister for Employment and Workplace Relations representing the Minister for Home Affairs.

1.11Senior officers from the Home Affairs portfolio also gave evidence, including the Secretary of the Department of Home Affairs, Ms Stephanie Foster PSM.

Department of Home Affairs (including Australian Border Force)

1.12The key issues discussed included:

resourcing for the Department of Home Affairs in the 2025-26 Budget;[3]

official portraits on display in the Department of Home Affairs;[4]

the provision of information related to the Dural caravan incident;[5]

letters circulated regarding Mr Kevin Yam and Mr Ted Hui and potential foreign interference;[6]

individuals charged under foreign interference laws since their introduction;[7]

the government's cyber security strategy and Acts and Rules related to cyber security;[8]

cyber security protections, policies and checks for the use of technological applications;[9]

foreign interference through, and general risks of, technological applications;[10]

Protective Security Policy Framework and extreme risk applications;[11]

alleged organiser of the Dural caravan incident’s departure from Australia;[12]

the listing of terrorist organisations;[13]

the Centre for Counter-Terrorism Coordination and the Countering Foreign Interference Task Force;[14]

countering foreign interference in the university sector;[15]

the use of Kaspersky by Commonwealth entities;[16]

student visa conditions for postgraduate research in critical technologies;[17]

reforms to the Foreign Influence Transparency Scheme;[18]

invitations to parliamentarians to attend citizenship ceremonies;[19]

the quantum of the humanitarian visa program;[20]

the Community Refugee Integration and Settlement Program (CRISPprogram);[21]

the resettlement of non-citizens in Nauru;[22]

the Designated Area Migration Agreements (DAMA);[23]

Administrative Review Tribunal cases related to Ministerial Direction 110;[24]

reports of Mr Nasser Mashni, President of the Australia Palestine Advocacy Network, meeting with the Minister for Home Affairs regarding the cancellation of former Israeli minister, Ms Ayelet Shaked’s, visa;[25]

funding for processing unauthorized maritime arrivals (UMA);[26]

policing and law enforcement of the NZYQ cohort;[27]

the modernisation of the Australian border and the incoming passenger card;[28]

onshore detention and definition of a critical incident;[29]

preventative detention orders for the NZYQ cohort;[30]

the deportation of individuals from the NZYQ cohort;[31]

monitoring and visa breaches of individuals from the NZYQ cohort;[32]

immigration compliance functions for migrant workers;[33]

the Department of Home Affairs VictimLink service;[34] and

costs related to NZYQ.[35]

Attorney-General’s portfolio

1.13At its hearing on 27 March 2025, the committee examined the outcomes of the Attorney-General’s portfolio and took evidence from the following agencies:

Australian Federal Police (AFP);

Australian Security Intelligence Organisation (ASIO); and

National Anti-Corruption Commission.

1.14Evidence was presented by Senator the Hon Don Farrell, the Minister for Trade and Tourism, and Special Minister of State representing the Attorney-General.

1.15Senior officers from the Attorney-General’s portfolio also gave evidence, including the Secretary of the Attorney-General’s Department, Ms Katherine Jones PSM.

Australian Federal Police (AFP)

1.16The key issues discussed included:

the public interest immunity claim made by the AFP in response to questions relating to the Dural caravan incident;[36]

the leaking of information related to the investigation into the Dural caravan incident;[37]

the Dural caravan incident;[38]

governance structure within the AFP;[39]

threats to parliamentarians;[40]

Operation RYE;[41]

threats to undercover AFP agents;[42]

Australian Centre to Counter Child Exploitation;[43]

faith based crimes;[44]

processes for legislative reform in relation to Commonwealth offences;[45]

responses to child exploitation;[46]

partnerships with Pacific nations;[47]

responses to the illicit tobacco trade;[48]

the display of a Popular Front for the Liberation of Palestine (PFLP) flag at a rally;[49]

the enforcement of Australia's autonomous sanctions regime;[50]

Freedom of Information (FOI) requests;[51] and

the review of the Carrick family matter.[52]

Australian Security Intelligence Organisation (ASIO)

1.17The key issues discussed included:

counter-terrorism, espionage and threats to Australia;[53]

letters circulated regarding Kevin Yam and Ted Hui and potential foreign interference;[54]

the impact of offshore threats on Australia’s security environment;[55]

ASIO's policy on the use of Signal;[56] and

gifts given to members of the Australian Defence Force which contained surveillance devices.[57]

National Anti-Corruption Commission (NACC)

1.18The CEO of the NACC, Mr Philip Reed, tabled an opening statement.

1.19The key issues discussed included:

investigations considered as having exceptional circumstances and warranting public hearings;[58]

Commissioner of the NACC's commission as a Major General in the Australian Defence Force;[59]

the management of conflicts of interest;[60]

the development of appropriate key performance indicators for the NACC;[61] and

FOI requests.[62]

Senator Nita Green

Chair

Footnotes

[1]Journals of the Senate, No. 154, 25 March 2025, pp. 5001-5002.

[2]See:https://www.aph.gov.au/Parliamentary_Business/Senate_estimates/legcon/2025-26_Budget_estimates

[3]Committee Hansard, 27 March 2025, pp 7-14.

[4]Committee Hansard, 27 March 2025, p. 15.

[5]Committee Hansard, 27 March 2025, pp 17-18.

[6]Committee Hansard, 27 March 2025, pp 18-19.

[7]Committee Hansard, 27 March 2025, pp 19-20.

[8]Committee Hansard, 27 March 2025, pp 20-22.

[9]Committee Hansard, 27 March 2025, pp 22-24.

[10]Committee Hansard, 27 March 2025, pp 24-26.

[11]Committee Hansard, 27 March 2025, pp 26-27, pp 32-35.

[12]Committee Hansard, 27 March 2025, p. 27.

[13]Committee Hansard, 27 March 2025, pp 28-30.

[14]Committee Hansard, 27 March 2025, pp 30, pp 31-32.

[15]Committee Hansard, 27 March 2025, pp 30-31.

[16]Committee Hansard, 27 March 2025, p. 36.

[17]Committee Hansard, 27 March 2025, pp 37.

[18]Committee Hansard, 27 March 2025, p. 37.

[19]Committee Hansard, 27 March 2025, pp 37-43, pp 49-50.

[20]Committee Hansard, 27 March 2025, p. 44.

[21]Committee Hansard, 27 March 2025, pp 44-46.

[22]Committee Hansard, 27 March 2025, pp 46-47.

[23]Committee Hansard, 27 March 2025, pp 47-48.

[24]Committee Hansard, 27 March 2025, pp 50-52.

[25]Committee Hansard, 27 March 2025, pp 52-53.

[26]Committee Hansard, 27 March 2025, pp 53-56.

[27]Committee Hansard, 27 March 2025, pp 56-60.

[28]Committee Hansard, 27 March 2025, pp 61-63.

[29]Committee Hansard, 27 March 2025, pp 63-67.

[30]Committee Hansard, 27 March 2025, pp 67-69.

[31]Committee Hansard, 27 March 2025, pp 70-71.

[32]Committee Hansard, 27 March 2025, pp 71-74.

[33]Committee Hansard, 27 March 2025, pp 75-78.

[34]Committee Hansard, 27 March 2025, pp 78-79.

[35]Committee Hansard, 27 March 2025, pp 80-81.

[36]Committee Hansard, 27 March 2025, pp 84-85.

[37]Committee Hansard, 27 March 2025, pp 85-86, pp 87-90.

[38]Committee Hansard, 27 March 2025, pp 86-87, p 93, pp 95-96.

[39]Committee Hansard, 27 March 2025, pp 90-91.

[40]Committee Hansard, 27 March 2025, pp 91-92.

[41]Committee Hansard, 27 March 2025, pp 93-95.

[42]Committee Hansard, 27 March 2025, pp 96-98.

[43]Committee Hansard, 27 March 2025, pp 98-99, pp 107-108.

[44]Committee Hansard, 27 March 2025, pp 99-100.

[45]Committee Hansard, 27 March 2025, p. 100.

[46]Committee Hansard, 27 March 2025, pp 101-102.

[47]Committee Hansard, 27 March 2025, pp 102-104.

[48]Committee Hansard, 27 March 2025, pp 103-104.

[49]Committee Hansard, 27 March 2025, pp 104-106.

[50]Committee Hansard, 27 March 2025, pp 106-107.

[51]Committee Hansard, 27 March 2025, pp 108-109.

[52]Committee Hansard, 27 March 2025, p. 109.

[53]Committee Hansard, 27 March 2025, pp 110-.

[54]Committee Hansard, 27 March 2025, pp 110-112.

[55]Committee Hansard, 27 March 2025, pp 112-113.

[56]Committee Hansard, 27 March 2025, pp 113-117.

[57]Committee Hansard, 27 March 2025, pp 117-118.

[58]Committee Hansard, 27 March 2025, pp 119-120.

[59]Committee Hansard, 27 March 2025, pp 120-123, p. 12.

[60]Committee Hansard, 27 March 2025, pp 123-124.

[61]Committee Hansard, 27 March 2025, pp 124-128.

[62]Committee Hansard, 27 March 2025, pp 129-130.