Helen Haines (Indi, Independent) Share this | Hansard source

I rise to speak to the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026. The horrific attack on Jewish people celebrating in peace on 14 December ignited demands for strong and decisive action in response to this act of hate driven by violent extremism and carried out with firearms. There is much I wish to say about these reforms. While I welcome the government's decision to split the bills and allow each to be debated on its own merits, we have in fact been given very little time as a parliament to speak on them.

There are deep concerns being flagged by constitutional experts, civil society, faith leaders and the public, not only about the substance of these reforms but about the process. In his submission on the bill, the UN special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism raises concerns that elements of the bill are inconsistent with Australia's international human rights obligations and, in relation to the rushed process, observes:

It is the experience of the Special Rapporteur's mandate worldwide that hasty law-making is prone to lead to over-reach, unintended consequences, and violations of human rights law, which does not well serve the victims of terrorist attacks or protect society.

There is widespread confusion and misinformation about what these reforms do and what they don't do. Rushing the legislative process only deepens that uncertainty. These reforms carry far-reaching consequences. As legislators, we must hold ourselves to the responsibility that poorly drafted or poorly examined laws may not actually make Australians safer.

I welcome the increased penalties for threatening force or violence, which appropriately reflect the seriousness of these crimes. I also welcome the new aggravated offences for hate preaching and grooming, which recognise that hate crimes are especially abhorrent when they're committed from positions of trust and influence. I agree with the intent of the new aggravated sentencing principle, but it should not be limited to a small subset of attributes, and I support the member for Wentworth's proposals to ensure that all forms of hatred are treated consistently.

Unfortunately, we have had limited opportunity to build consensus about the balance and proportionality of these laws. The hate speech provisions are technically complex, and a wide range of concerns have been raised about the way they are drafted and how they will operate, including the kinds of speech and conduct that may be captured. There are legitimate questions about things like procedural fairness, constitutional validity and the potential for unintended consequences. In addition to criminal amendments, the bill amends migration law to significantly expand the minister's powers to cancel or refuse visas, and we have not been presented with compelling evidence about why this is needed or how the current framework falls short. The statutory review of these reforms is essential to making sure they ultimately work as intended.

In many respects, I can live with the haste of this. I did not come here with the intention of standing in the way of immediate action on the serious issues this bill is intending to address. But the reality is that the report of the inquiry into this bill was only tabled this morning. The consequence of haste as a legislator is the missed opportunity to carefully consider and improve this significant legislation. That leaves me with considerable risk concerns. It truly does. I recognise that acts of antisemitism have left the Australian Jewish community living in terrible fear. I've spoken with Jewish leaders, and I understand the urgency of the parliament acting. I take my responsibilities as a legislator very seriously. I do have genuine concerns, but I have heard the call for urgent action.

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