Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Foreign Affairs and Trade) Share this | Link to this | Hansard source

I present Scrutiny digest 9 of 2025 of the Standing Committee for the Scrutiny of Bills together with ministerial correspondence, and I move:

That the Senate take note of the report.

As Chair of the Senate Standing Committee for the Scrutiny of Bills, I rise to speak to the tabling of the committee's Scrutiny digest 9 of 2025. In this digest, the committee concluded its consideration of eight bills previously introduced into this parliament. The committee's initial examination of the eight bills introduced into parliament between 3 November 2025 and 6 November 2025, including the Environment Protection Reform Bill 2025, are not included in this digest. The committee instead considered these bills inScrutiny digest 8 of 2025, which was tabled out of sitting on 18 November 2025 during the Senate's adjournment.

Digest 9 highlights the considerable importance of ministerial responses to the technical scrutiny of bills and legislation undertaken by the committee. The provision of reasoned justifications by the executive supports the committee to reach a considered view about characteristics or impacts of legislation that may raise scrutiny concerns. This dialogue serves to enhance the transparency, accountability and oversight of the legislative process and to safeguard public confidence in the maintenance of the rule of law in Australia. Ministerial responses that directly address the scrutiny concerns raised by the committee can mitigate or resolve such concerns.

Having considered the advice from the Minister for Health and Ageing in this digest, the committee has considered that its inquiries about the Australian Centre for Disease Control Bill 2025 in Scrutiny digest 6 of 2025 have been appropriately addressed. These include initial concerns about the availability of merits review of decisions to compel information, including personal information, and defences under which individuals rather than the prosecution would be obliged to prove certain elements of a criminal offence. A response that directly addresses the concerns outlined by the committee in the manner of this response assists the committee to advise the Senate that its scrutiny concerns have been resolved. This bolsters parliamentary oversight by giving confidence to senators that the bill has been subject to effective scrutiny.

This digest also contains a concluded entry in respect of the Administrative Review Tribunal and Other Legislation Amendment Bill 2025. In particular, the committee has acknowledged that aspects of the Attorney-General's advice lessened the committee's initial concerns about a proposed general discretion for the Administrative Review Tribunal to decide to hear matters on the papers. The committee retains concerns, however, in relation to the framing of this power and the potential to incorporate greater guidance which the response to the committee has not addressed in detail. Considered engagement with the initial scrutiny concerns raised by the committee also provides an opportunity to improve the clarity of explanatory materials, thereby improving the accessibility of the law for the broader public and those affected by its operation.

In Scrutiny digest 6 of 2025 the committee queried whether the Treasury Laws Amendment (Strengthening Financial Systems and Other Measures) Bill 2025 would in fact render decisions to publicly confirm an investigation into a particular charity immune from judicial law. The committee, having drawn this concern to the attention of senators, welcomes the Assistant Treasurer's commitment to table an addendum to the explanatory memorandum clarifying the continued availability of judicial review. Addenda of this kind serve to increase understanding of the law and assist with the day-to-day interpretation of legislation that is passed into law.

These examples demonstrate that meaningful engagement with the committee's comments enhances the parliament's scrutiny of bills and improves the transparency and accountability of the legislative process. Where other responses have not fully addressed the information requested by the committee, the committee will often draw its concerns to the attention of the Senate for consideration. Accordingly, it is important for the integrity of the committee's scrutiny function that ministers respond in a manner that directly engages with the committee's concerns and analysis.

In light of these benefits, the committee draws particular attention to two overdue responses to the committee. The response to the committee's comments relating to the Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025 was expected by 23 September 2025. It is now outstanding for 64 days. Similarly, the response to the committee's comments relating to the Health Legislation Amendment (Miscellaneous Measures No. 1) Bill 2025 was expected by 13 November 2025 and is outstanding for 13 days. With these comments, I commend the committee's Scrutiny digest 9 of 2025to the Senate.

I seek leave to continue my remarks.

Leave granted; debate adjourned.