Zaneta Mascarenhas (Swan, Australian Labor Party) | Hansard source

() (): On behalf of the Parliamentary Joint Committee on Human Rights, I present the following reports: Human rights scrutiny report 8 of 2026 and Annual report 2025.

Reports made parliamentary papers in accordance with standing order 39(e).

by leave—I am pleased to table the Parliamentary Joint Committee on Human rights scrutiny report 8 of 2026 and Annual report 2025. In Report 8 of 2026, the committee considered nine new bills and 143 new legislative instruments. It has commented on two bills and five legislative instruments and concluded its examination of one bill.

In this report, the committee commented on the Health Insurance Amendment (Incentive Payments and Other Measures) Bill 2026. Among other things, this bill would expand the scope of the power of the Chief Executive, Officer of Medicare to require a person to produce documents and authorise the use and disclosure of personal information in relation to incentive payment programs. These measures would engage and limit the right to privacy. The committee notes that the extent of the interference with the right to privacy may be significant due to the sensitivity of information and the identified safeguards may have limited practical value. The committee has recommended that the government undertake a foundational review of the human rights compatibility of the Health Insurance Act 1973.

The committee also commented on the Australian Passport Amendment (State Sponsors of Terrorism) Determination 2026. This instrument expands the circumstances in which a person may be prevented from leaving Australia and the circumstances where personal information may be disclosed. The committee notes that these measures engage and limit the rights to freedom of movement and privacy and may interfere with a person's family life, which engages and limits the right to protection of the family. The committee has previously raised human rights concerns in relation to the passport refusal and cancellation framework, which the statement of compatibility fails to address. The committee therefore considers further information is required and has sought that minister's advice.

In addition, the Committee has concluded its consideration of the Australian Criminal Intelligence Commission Bill 2026. This bill seeks to enhance the powers of the Australian Criminal Intelligence Commission to obtain, analyse and communicate intelligence information relating to serious organised crime. The measures in this bill would engage and limit numerous rights, including children's rights, criminal process rights and the rights to an effective remedy, fair trial, freedom of assembly, freedom of association and freedoms of expression, privacy and work. The committee sought further information to assess the human rights compatibility of the bill. The minister provided information regarding the operation and consequences of the powers, including safeguards with respect to the affected rights. However, the committee retains its concerns with the respect of proportionality of each measure. In addition, the committee considers that the proposed immunity for controlled intelligence operations may preclude access to effective remedies if such operations were impermissibly limited by a person's human rights.

I also tabled the committee's Annual report 2025. This report details the work of the committee for the 2025 calendar year. In 2025, the committee tabled eight reports, examined 171 bills and around 1,500 legislative instruments. The committee substantially commented on 22 per cent of bills and 30 per cent of legislative instruments. During the report period, the committee concluded its consideration on the vast majority of bills prior to their passage. The human rights analysis was available to inform members of parliament prior to the passage of 85 per cent of the bills. The committee concluded its examination of all legislative instruments within the disallowance timeframe.

While the committee observed an improvement of the timeliness of ministerial responses to requests for information, the fast paced parliamentary legislative program prevented the committee from providing timely scrutiny on some occasions. In 2025, 25 bills, which passed before the committee could comment on them, were introduced and passed within eight sitting days. The committee considers that its work in scrutinising legislation for compatibility with human rights is undermined when legislation is passed before the human rights assessment is made available to all parliamentarians.

In 2025, the committee commented on a wide range of legislation—including that related to aged care, migration and counterterrorism. The right to privacy continued to be the most frequently engaged right on which the committee commented. Other frequently engaged rights included the right to equality, the right to nondiscrimination and the rights of a person with disability and children. In 2025, the committee tabled an inquiry into antisemitism at Australian universities, making 10 detailed recommendations—including that universities review complaints procedure and increase investment in research into antisemitism.

I encourage all members to consider the committee's report closely. With these comments, I commend the committee's Human rights scrutiny report: Report 8 of 2026 and the annual report of 2025 to the House.

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