On 27 November 2024 the Parliamentary Joint Committee on Human Rights tabled its Report 11 of 2024, which provides an analysis of the human rights compatibility of recently introduced bills and legislative instruments.

Bills (Report 11 of 2024)

Electoral Legislation Amendment (Electoral Communications) Bill 2024 

• The bill seeks to prohibit the authorisation of certain electoral matters (or referendum matters) where they include content which is ‘inaccurate and misleading to a material extent’ during electoral and referendum periods, and establishes an Electoral Communications Panel. The committee notes the measures may promote the right to participate in public affairs and the right to privacy and reputation, but also engages and limits the rights to freedom of expression and privacy. The committee is seeking further information from the minister to assess the human rights compatibility of this measure. 

Electoral Legislation Amendment (Electoral Reform) Bill 2024 

• The bill seeks to introduce annual gift caps, expenditure caps and increases public funding to parties and candidates. To the extent that the measures limit the influence of big donors and allow more individuals and entities to participate in political debate, the committee notes that the measures may promote the right to take part in public affairs and freedom of expression. However, the committee notes that the measures may also limit the rights to take part in public affairs, freedom of expression and the right to equality and non-discrimination. The committee is seeking further information from the minister in order to assess the human rights compatibility of this measure.  
• The bill seeks to reduce the disclosure of electoral donations from $16,900 to $1,000. The committee considers this may promote the right to take part in public affairs. However, donations disclosure which includes personal information also engages and limits the right to privacy and may limit the right to take part in public affairs. The committee is seeking further information from the minister.
• The bill substitutes the words in two provisions of the Commonwealth Electoral Act 1918 from ‘being of unsound mind’ to ‘cognitive impairment’. The committee considers that this measure engages and limits the rights of persons with disabilities to equal recognition before the law and the right to take part in public affairs, which the statement of compatibility does not identify, and is seeking further information from the minister. 

Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024  

• The committee considers that empowering the minister to determine that detainees are prohibited from possessing prohibited ‘things’, (such as mobile phones and internet enabled devices) in an immigration detention facility, engages and limits a number of human rights. The committee considers that, given the absence of sufficient safeguards with respect to this broad power, there is a risk that the powers could be exercised in a manner which is not compatible with the right to privacy, freedom of expression, and the right to protection of the family. The committee has recommended an amendment which may assist the proportionality of the measure. 
• The bill would also expand existing search and seizure powers, and permit searches, without a warrant, for a ‘prohibited thing’. This would include strip searches. The committee considers that in the absence of legislative protection for effective oversight of these powers there is some risk that in practice their exercise may not comply with the prohibition on degrading treatment or may constitute inhumane treatment in detention. The committee also considers there may be a risk that the measures risk being an arbitrary interference with the right to privacy and the rights of the child. The committee has made some recommendations that may assist with the human rights compatibility of these measures.

Online Safety Amendment (Social Media Minimum Age) Bill 2024 

• The committee considers that seeking to restrict the content and platforms to which children aged under 16 may have access to may promote several human rights relating to children where it protects exposing children to harms online. However, it would also limit the rights of the child, including the rights to freedom of expression, freedom of assembly, equality and non-discrimination, and privacy. Further, by requiring providers to determine the age of all services users, this measure would limit the rights to privacy, freedom of expression, and equality and non-discrimination with respect to all persons (regardless of their age). The committee further considers it is not clear a person would have access to an effective remedy for breach of any human right. The committee considers that there is a significant risk that the bill would constitute an impermissible limit on these human rights, and has made several recommendations to amend the bill.