Ian Goodenough (Moore, Liberal Party) Share this | Hansard source

On behalf of the Parliamentary Joint Committee on Human Rights, I present the following reports: Human rights scrutiny report: report 8 of 2020; Human rights scrutiny report: report 9 of 2020, incorporating a dissenting report; Human rights scrutiny report: report 10 of 2020; and the annual report 2019.

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

by leave—I'm pleased to table the eighth, ninth and 10th human rights scrutiny reports of 2020 of the Parliamentary Joint Committee on Human Rights, as well as the committee's 2019 annual report. The committee's reports contain a technical examination of legislation with Australia's obligations under international human rights law. In these three scrutiny reports, the committee has considered 18 new bills and 272 instruments and commented on 16 bills and instruments, including legislation previously commented on.

During this COVID-19 pandemic, the committee has continued to meet regularly via teleconference so that it can fulfil its important role in scrutinising legislation. These reports include the committee's consideration of several COVID-19 related bills and instruments. For example, the committee corresponded with the Minister for Health in relation to the Privacy Amendment (Public Health Contact Information) Bill 2020. In Report 8 of 2020 the committee concluded that the bill, which established privacy protection for users of the COVIDSafe app, constituted a proportionate limit on the right to privacy, noting, in particular, the number of useful safeguards to protect data associated with app users. The committee also recommended a small number of targeted amendments to further improve these privacy protections.

These reports also continue the committee's important scrutiny function in relation to non-COVID-19-related legislation. For example, the committee's Report 9 of 2020 sets out the committee's extensive consideration of the Australian Security Intelligence Organisation Amendment Bill 2020. This bill seeks to amend ASIO's compulsory questioning powers. This raises some complex human rights law issues. The committee sought a considerable amount of information from the minister in order to inform its consideration and thanks the minister for the detailed response which he provided. The committee considered that these powers seek to achieve the vitally legitimate objective of ensuring ASIO can gather information in relation to national security to keep Australia safe. The committee notes the minister's extensive advice as to the safeguards present in relation to a number of these measures which help protect human rights. However, in some instances, the committee considers, as drafted, there are questions as to whether such safeguards are sufficient such that the measures would in all instances constitute a proportionate limit on rights. The committee's report includes a number of recommendations and potential amendments to the bill which would assist the proportionality of specific measures with respect to human rights.

In addition, Report 9 of 2020 sets out the committee's consideration of the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020. This bill will amend the Migration Act to allow the minister to determine that a thing is a prohibited thing in immigration detention, and amend search and seizure powers in those facilities. As the report sets out, these proposed amendments are designed to ensure that the Department of Home Affairs can provide a safe and secure environment for staff, detainees and visitors in immigration detention centres, which likely promotes the right to security of the person. The proposed measures also appear to engage other human rights, but the limitation on rights may be permissible if demonstrated to be reasonable, necessary and proportionate. In this respect, the committee noted that the bill is intended to address the concerning issue of mobile phones and other internet-capable devices being used to coordinate and facilitate escape efforts, organise criminal activities and facilitate the movement of drugs and other contraband within detention facilities. The committee found that the measures in the bill which remedy this current position are vital to the safety and lawful operation of detention centres. The committee thanks the minister for his detailed response, which greatly assisted the committee's consideration of these measures. The committee has suggested some targeted recommendations to assist in the proportionality of the search and seizure measures with respect to human rights.

Lastly, the committee's annual report 2019 covers the period from 1 January to 31 December 2019 and details the significant volume of work the committee undertook during this time. During 2019 the committee tabled six scrutiny reports examining a total of 213 bills and 1,385 legislative instruments. The committee commented on 86 of these bills and instruments, including requesting additional information in relation to 26 bills and nine legislative instruments. The annual report also sets out the major themes identified in 2019 and outlines the committee's continued impact. I encourage all parliamentarians to carefully consider the committee's analysis in these three reports and the overarching work of the committee as set out in the annual report. With these comments, I commend the reports to the chamber.

See this speech in context