Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

I present Scrutiny digest No. 14 of 2024 of the Standing Committee for the Scrutiny of Bills, together with ministerial correspondence. I seek leave to have the tabling statement incorporated in Hansard.

Leave granted.

The statement read as follows—

Scrutiny Digest 14 of 2024

Chair's Tabling Statement

Wednesday 20 November 2024

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 14 of 2024.

Digest 14 contains the committee's consideration of 24 bills introduced between 8 October to 7 November 2024 and amendments passed during this period. The committee has commented on 9 of these new bills, and concluded its consideration of 5 previously introduced bills.

One new bill, the Migration Amendment Bill 2024, has raised significant scrutiny concerns about which the committee is seeking a detailed and expedited response from the minister. One Schedule of the bill seeks to respond to a recent High Court decision ruling that visa conditions imposing curfews and electronic monitoring were unconstitutional. The proposed amendments do not fully address the committee's previous concerns regarding the effect on personal rights and liberties of the overall scheme and the lack of procedural fairness afforded to visa holders.

Further, the committee is concerned about the effect on personal rights and liberties by measures in the bill providing for the immediate cancellation of certain visas, and therefore immigration detention, of people who are given 'permission' to enter and remain in a foreign country, if it is a party to a third country reception arrangement. The bill provides the Commonwealth with the authority to take or do any action in relation to these third party reception arrangements. These powers raise significant scrutiny concerns, particularly in relation to the potential for lengthy periods of immigration detention in Australia and the potential for the Commonwealth to pay a foreign country to detain, perhaps indefinitely, the individuals removed there. The committee is concerned that there are very few safeguards in the bill setting out the extent of the Commonwealth's powers regarding these arrangements and is questioning this broad delegation of administrative power and the potential effect on rights and liberties.

In this Digest the committee has also concluded its consideration of the Aged Care Bill 2024, following receipt of a ministerial response. The committee welcomes the minister's commitment to consider a number of amendments in light of the committee's comments. However, the committee remains concerned about the use of delegated legislation to regulate the use of restrictive practices, and has recommended amendments to the bill to provide stronger safeguards in relation to this matter.

The committee also remains concerned that, through the publication of banning orders, personal information will be published online when the same purpose may be achieved through a more private means and has recommended some amendments to the bill to strengthen privacy protections and ensure that significant matters are included in primary legislation. The committee has otherwise drawn its comments to the attention of the Senate.

Finally, I draw senators' attention to the committee's concluded comments in relation to the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024. The committee remains concerned that the scheme has the potential to apply a chilling effect on freedom of expression, and there may be insufficient protections to ensure there is no undue trespass on personal rights and liberties. The committee has recommended a number of amendments to better protect individual rights and liberties and otherwise draws this important matter to the attention of the Senate.

With these comments, I commend the committee's Scrutiny Digest14 of 2024 to the Senate.