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

On behalf of the Parliamentary Joint Committee on Human Rights, I present the committee's report entitled Human rights scrutiny report: Report 4 of 2026.

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

by leave—I am thrilled that there are so many people in the House right now to hear about this report that I'm tabling, which is report 4 2026 of the Parliamentary Joint Committee on Human Rights. It is wonderful to see how many members are interested in finding out about the human rights that we comply with and how our bills are looked at in relation to this.

In this report, the committee has considered six new bills, one restored bill and 139 new legislative instruments. It has commented on two bills and six legislative instruments and concluded its examination of three bills and two legislative instruments. Of particular concern in report 4 is the Migration Amendments (2026 Measures No. 1) Bill 2026, which finally passed both houses on 12 March 2026. This act amends the Migration Act 1995 to provide the minister with the power to make an arrival control determination by legislative instrument. The determinations will apply to a class or classes of non-citizens outside Australia to prevent them from entering Australia from a temporary period with some expectations. Providing the minister with the power to issue arrival control determinations engages and limits various human rights, including the right to protection of the family, and may have implications for Australia's non-refoulement obligations.

The committee notes the measure is accompanied by some safeguards, such as the permitted travel certificate scheme. However, considering the broad scope of the determinations, the inadequacy of available safeguards, the lack of review and the availability of fewer rights-restrictive alternatives, the committee considers that it has not been demonstrated that the limitation on these rights is proportionate. The committee has made some recommendations to assist with the proportionality of the measure, including amending the act to prevent possible detentions of persons who are in transit while a determination is made.

In this report, the committee has also concluded its assessment of two migration instruments. These instruments prescribe the bodies and international obligations to which officers may disclose identifying information about individuals. The prescribed bodies include 107 state and territory police forces, federal intelligence agencies, foreign police forces and foreign intelligence agencies. Disclosing identifying information to these prescribed organisations limits the right to privacy and may engage and limit other rights depending on who the information is shared with and for what purpose.

While it is important to ensure the integrity of Australia's border and migration system and protect Australia's national security, community safety and social cohesion the committee considers that it remains unclear whether the disclosure of information to all prescribed organisations would be rationally connected to the stated objectives. It is also not clear whether the safeguards are sufficient to ensure the measure is compatible with various human rights in practice. The committee has therefore recommended that the instruments be amended to assist with proportionality. I encourage all members to consider the committee's report closely.

With these comments, I commend the committee's scrutiny report 4 of 2026 to the House.