Zaneta Mascarenhas (Swan, Australian Labor Party) Share this | Link to this | Hansard source

I am pleased to table Report 2 of 2026 of the Parliamentary Joint Committee on Human Rights.

Report made a parliamentary paper in accordance with standing order 39(e).

I ask leave of the House to make a short statement.

Leave granted.

In this report, the committee considers 21 new bills, three deferred bills and 132 new legislative instruments. It has commented on 10 bills and eight legislative instruments and concluded its examination of two bills. The committee has sought further information from the relevant minister in relation to the human rights compatibility of these two bills.

In particular, the committee has commented on the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 and the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026. The committee notes that these laws were introduced and passed after the massacre at Bondi Beach where 15 people died and many more were injured at a Jewish festival on 14 December 2025.

These bills do a number of things, including:

These measures could promote several human rights, including the right to life and security of person. However, the measures also engage and limit other human rights, including the rights of freedom of expression and association.

The committee considers the measures pursue important objectives, including protecting national security and preventing the commission of terrorist attacks. The committee notes that, while there are some important safeguards accompanying these measures, it is not evident that these safeguards would be sufficient in all circumstances. The committee also notes that several aspects of new hate offences do not appear to adhere to the best practice principles, as outlined by the Office of the High Commissioner for Human Rights. However, having regard to the broader context in which the hate offences were introduced, the committee considers that the new offences are justified.

I also note that these bills were introduced and passed by both Houses on 20 January 2026. This expedited process meant that the committee was unable to examine these bills prior to their passage. It is the committee's firm view that parliamentarians ought to have the benefit of this committee's advice to be informed of the human rights implications prior to the passage of legislation.

In this report, the committee has also commented on legislative instruments that implement or amend legislative frameworks which the committee has repeatedly raised human rights concerns about.

For example, measures in the Counter-Terrorism Legislation Amendment (State Sponsors of Terrorism) Regulations 2025 relate to post-sentence orders. The committee has consistently raised human rights concerns about such orders because they are based on an assessment of a person's future risk of engaging in criminal conduct.

Separately, measures in the Migration Amendment (2025 Measures No. 1) Regulations 2025 relate to the imposition of community safety conditions on certain bridging visas. The committee has previously raised concerns that such conditions may not be compatible with the right to a fair hearing, the right to liberty and criminal process rights.

I encourage all members to consider the committee's report closely. With these comments, I commend the committee's scrutiny report 2 of 2026to the House.