Ian Goodenough (Moore, Liberal 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 2 of 2018.

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

by leave—The role of the committee is to examine the bills and legislative instruments for compatibility with Australia's obligations under international human rights law. The committee's report provides parliament with credible technical examination of the human rights implications of legislation and other instruments, other than an assessment of the broader policy involved.

The committee members performing a scrutiny function are not bound by the contents or conclusions of scrutiny committee reports and may have different views in relation to the policy merits of the legislation. Of the new bills in the current report, nine were assessed as either promoting human rights, permissibly limiting human rights or not engaging human rights. The committee is seeking further information in relation to one bill, the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017, and has provided an advice-only comment in relation to one legislative instrument.

The report also contains the committee's concluded examination of six bills and instruments. In relation to the ASIC Credit (Flexible Credit Cost Arrangements) Instrument, the initial assessment identified concerns as to whether the civil penalty provisions in the instrument may be considered to be criminal in nature for the purposes of international human rights law. However, following the provision of further information from the assistant minister, it was established that the penalty applied in a specified regulatory context and not to the public in general. The committee has therefore been able to conclude that the penalty is unlikely to be considered criminal for the purposes of international human rights law.

Finally, on behalf of the committee, I would like to welcome Senator Lucy Gichuhi as the new committee member, replacing Senator Linda Reynolds. I would also like to thank Senator Reynolds for her service to the committee in its key functions of undertaking non-partisan technical assessments of legislation under Australia's international human rights obligations. I encourage my fellow members and others to examine the committee's report to better inform their consideration of the proposed legislation. With these comments, I commend the committee's report 2 of 2018 to the House.