Chapter 1Budget estimates 2024-25
1.1The Senate Legal and Constitutional Affairs Legislation Committee (the committee) examined the proposed 2024-25 expenditure for the Home Affairs portfolio and the Attorney-General’s portfolio at public hearings held on 28–31 May 2024 and 4 July 2024.
1.2This report does not attempt to analyse the evidence presented to the committee; however, it does outline the key issues considered by the committee during its examination of the 2024-25 expenditure.
Referral of documents
1.3On 14 May 2024, the Senate referred the following documents to committees for examination and report:
Particulars of proposed expenditure in respect of the year ending on 30 June 2025;
Particulars of certain proposed expenditure in respect of the year ending on 30 June 2025;
Particulars of proposed expenditure in relation to the parliamentary departments in respect of the year ending on 30 June 2025;
Particulars of proposed additional expenditure in respect of the year ending on 30 June 2024 [Appropriation Bill (No. 5) 2023-2024];
Particulars of certain proposed additional expenditure in respect of the year ending on 30 June 2024 [Appropriation Bill (No. 6) 2023-2024].
1.4The Portfolio Budget Statements (PBS) for 2024-25 were tabled in the Senate on the same day.
Portfolio oversight
1.5The committee is responsible for examining the proposed expenditure of the departments and agencies within the Home Affairs and Attorney-General’s portfolios.
Questions on notice
1.6In accordance with Standing Order 26(9)(a), the committee has drawn the attention of the departments and their agencies to the agreed deadline of Thursday, 25 July 2024 for the receipt of answers to questions taken on notice.
1.7This report has been prepared without reference to any responses to questions on notice.
1.8Tabled documents from the hearing, along with responses to questions on notice and additional information provided to the committee, are tabled in the Senate and uploaded to the committee’s website.
Extension to the reporting date
1.9The Senate determined that the committee would report on its consideration of the 2024-25 proposed Budget expenditure on 2 July 2024.
1.10On 27 June 2024, the committee requested an extension of time to report to allow inclusion of the additional hearing required for the Budget Estimates 2024-25 round.
Hansard transcripts
1.11A transcription of the committee’s hearings is made via the Committee Hansard, which is published on the estimates webpage.
1.12References in this report are to the proof Committee Hansard. Page numbers may vary between the proofs and the final versions of the Committee Hansard.
Home Affairs
1.13At its hearings on 28 and 29 May 2024 and 4 July 2024, the committee examined the outcomes of the Home Affairs portfolio. Evidence was given by Senator the Hon Murray Watt, Minister for Emergency Management and Minister representing the Minister for Home Affairs, the Minister for Cyber Security and the Minister for Immigration, Citizenship and Multicultural Affairs. Senior officers from the Home Affairs portfolio, including the Secretary of the Department of Home Affairs, Ms Stephanie Foster PSM, gave evidence.
1.14The committee took evidence from the following departments and agencies:
Department of Home Affairs (including Australian Border Force (ABF));
National Emergency Management Agency (NEMA); and
Australian Security Intelligence Organisation (ASIO).
National Emergency Management Agency
1.15The Coordinator-General of NEMA, Mr Brendan Moon AM, made an opening statement.
1.16Key issues discussed included:
NEMA Coordination and Planning Officers;
the progress of government reviews into NEMA and its funding arrangements;
aerial fire-fighting capability;
the National Emergency Management Stockpile;
road and rail infrastructure resilience;
recruitment and staffing at NEMA;
the Aboriginal and Local Business Participation in Recovery program;
the North Queensland Strata Title Resilience Pilot Program;
the Public Safety Mobile Broadband program;
projects delivered under the Hazards Insurance Partnership;
the bushfire resilience rating app;
assistance provided by the Australian government to Papua New Guinea following the landslide in Enga province on 24 May 2024;
the Disaster Recovery Resilience Fund; and
the Commonwealth Recovery Liaison Officer role in Queensland.
Department of Home Affairs (including Australian Border Force)
1.17Ms Stephanie Foster PSM, Secretary, Department of Home Affairs, and Mr Michael Outram APM, Commissioner, Australian Border Force, made opening statements.
1.18Key issues discussed included:
a document titled ‘Approaches to SEQoNs asked of all (or multiple) agencies’ produced by the Prime-Minister’s Office;
the Parliamentary Liaison Network within the Department of Home Affairs;
the department’s capability review published by the Australian Public Service Commission;
the department’s approach to answering Senate estimates questions on notice that request the provision of documents;
measures to promote both internal collaboration and collaboration with other government departments at a subleadership level;
Freedom of Information requests;
the National Cyber Security Coordinator;
forward estimates for expenditure on cybersecurity;
implementation of the 2023-30 Australian Cyber Security Strategy and the corresponding Action Plan;
cyberattacks;
proposed legislation to introduce mandatory standards for consumer grade Internet of Things devices in relation to preventing cybersecurity incidents;
proposed ‘limited use provision’ to facilitate information sharing between industry and government during cybersecurity incidents;
legislation in the United States requiring ByteDance to divest ownership of TikTok;
meetings between Home Affairs and the Australian Federal Police in relation to counterterrorism;
counter-terrorism exercises;
the current terrorism threat environment;
the Counter Ransomware Initiative;
industry and organisation engagement in relation to cybersecurity;
a Memorandum of Understanding on cyber security cooperation between Australia and Israel;
the Islamic Revolutionary Guard Corps;
foreign interference;
recent reporting on Chinese foreign influence in Australia alleging that officers from China’s Ministry of Public Security had conducted an operation in Australia in 2019;
the Strengthening Democracy Taskforce;
the Technology Foreign Interference Taskforce;
a report by Safeguard Defenders identifying people who were allegedly persuaded to return to China from Australia between 2014 and 2023;
visa cancellations and Ministerial Direction 99;
the regulation of migration agents by the Department of Home Affairs;
international student migration;
management of the residual regional processing caseload in Papua New Guinea;
the permanent migration program;
the Immigration Assessment Authority;
aged-care industry labour agreement;
individuals refused a TPV or SHEV visa and who have been granted permanent protection through the exercise of ministerial intervention;
visa applications from individuals who have fled conflict in Gaza;
decisions on visas cancellations by the Administrative Appeals Tribunal that have been appealed in the Federal Court;
the temporary skilled migration program;
incoming migration levels;
cases in which individuals convicted of serious offending had their visas cancelled by the Minister for Immigration on character grounds, and subsequently had the cancellation of their visas overturned by a decision of the Administrative Appeals Tribunal;
the Business Innovation and Investment (Provisional) visa program;
recommendations of the Rapid review into the exploitation of Australia’s vias system;
grants committed to support Australian communities affected by the Israel-Hamas conflict;
the Settlement Engagement and Transition Support Program;
individuals released from immigration detention as a result of the High Court’s decision in the NZYQ case;
the use of the high-risk terrorist offender scheme and community safety orders in response to the High Court’s NZYQ decision;
aerial surveillance flights;
investigations into people smuggling as part of Operation Sovereign Borders;
individuals who travelled to Saibai Island from Papua New Guinea via boat in May 2024 and subsequently returned to Papua New Guinea;
individuals with criminal offences who were released from immigration detention in the period 2014-15 to 2020-21;
decisions of the Community Protection Board in relation to the NZYQ affected cohort;
the Bridging Visa R (BVR) scheme;
unauthorised maritime arrivals in Australia since May 2022;
preparation of applications for community safety orders;
the ABF Operation AEGIS to monitor the cohort of individuals released by the High Court’s NZYQ decision;
illegal fishing;
seizure of vape flavouring at the border;
illicit tobacco;
Serco’s contract for management of onshore immigration detention; and
asylum seeker support payments.
Australian Security Intelligence Organisation
1.19The Director-General of ASIO, Mr Mike Burgess, made an opening statement.
1.20The key issues discussed included:
foreign interference schemes in which politicians and public officials are invited to overseas conferences by agents of a foreign regime;
engagement with the Sikh community by ASIO;
comments made by the Director-General of ASIO in its 2021 threat assessment which described a network of foreign spies operating in Australia;
violent extremism in Australia;
recent reporting on Chinese foreign influence in Australia alleging that officers from China’s Ministry of Public Security had conducted an operation in Australia in 2019;
the Chinese government’s Operation Fox Hunt;
right-wing extremism;
a Chinese hacking group APT31 that targeted Australian MPs; and
the cost of delivering ASIO’s Diversity and Inclusion Strategy.
Attorney-General’s portfolio
1.21At its hearings on 29–31 May 2024 and 4 July 2024, the committee examined the outcomes of the Attorney-General’s portfolio. Evidence was given by Senator the Hon Murray Watt and Senator the Hon Anthony Chisholm, representing the Attorney-General. Senior officers from the portfolio including the Secretary of the Attorney-General’s Department, Ms Katherine Jones PSM also gave evidence.
1.22The committee took evidence from the following departments and agencies:
Office of the Australian Information Commissioner (OAIC);
Australian Transaction Reports and Analysis Centre (AUSTRAC);
Australian Law Reform Commission (ALRC);
Attorney-General’s Department (AGD);
Australian Human Rights Commission (AHRC);
Administrative Appeals Tribunal (AAT);
National Anti-Corruption Commission (NACC);
Office of the Inspector-General of Intelligence and Security (IGIS);
Office of the Commonwealth Director of Public Prosecutions (CDPP); and
Australian Federal Police (AFP).
Office of the Australian Information Commissioner
1.23Ms Elizabeth Tydd, Acting Australian Information Commissioner, made an opening statement.
1.24Key issues discussed included:
the OAIC’s strategic review;
practices used by social media platforms to collect and track user data;
privacy concerns associated with staff surveys conducted by government departments;
the progress of ongoing privacy investigations by the OAIC;
funding for the OAIC;
Freedom of Information review applications with the OAIC;
the obligations on small businesses under proposed reforms to the Privacy Act; and
an inquiry by the New Zealand Privacy Commissioner into supermarkets and their use of biometric data.
Australian Transaction Reports and Analysis Centre
1.25The Chief Executive Officer of AUSTRAC, Mr Brendan Thomas, tabled an opening statement.
1.26The key issue discussed related to tranche 2 anti-money laundering and counter-terrorism financing (AML/CTF) reforms.
Australian Law Reform Commission
1.27The Executive Director of the ALRC, Ms Ruth Barson, made an opening statement.
1.28Key issues discussed included:
the Justice Responses to Sexual Violence inquiry;
public comments made by Justice Rothman in relation to the terms of reference for the Religious Educational Institutions and Anti-Discrimination Laws inquiry; and
judicial misconduct.
Attorney-General’s Department
1.29Key issues discussed included:
the AGD’s awareness of Ministerial Direction 99 issued by the Minister for Immigration;
budget measures related to First Nations justice and community safety;
employment targets relating to First Nations people;
Australia’s obligations to the International Criminal Court;
departmental policies for the procurement of legal services;
the 2020-2025 APS Disability Employment Strategy;
the AGD’s approach to answering Senate estimates questions on notice;
progress of the Australian Human Rights Commission (Costs Protection) Bill 2023;
police training and culture in relation to family and domestic violence;
the accessibility of the Federal Circuit and Family Court in Burnie, Tasmania;
indexation of funding provided by the National Legal Assistance Partnership;
judicial appointments and vacancies;
legal services for First Nations peoples provided under the National Legal Assistance Partnership;
the implementation of the recommendations of the independent review of the National Legal Assistance Partnership by Dr Warren Mundy;
the Family Law Amendment (Information Sharing) Act 2023;
copyright infringements;
funding allocated to the Federal Court of Australia and the National Native Title Tribunal to preserve native title records and for processing native title claims and post-determination disputes;
the federal age of criminal responsibility;
interactions between the AGD and the Department of Climate Change, Energy, the Environment and Water in developing the grant opportunity guidelines for the Environmental Defenders Office;
funding for organisations that support victims of child abuse;
the potential listing of the Islamic Revolutionary Guard Corps as a terrorist organisation;
anti-money laundering and counterterrorism financing (AML/CTF) reforms;
Australia’s obligations under the International Criminal Court;
the consultation process for the drafting of proposed new hate speech laws;
reforms to Commonwealth secrecy offences;
extradition proceedings against Mr Daniel Duggan;
legislation to ban deepfake pornography;
the National Firearms Register;
criminal cases involving individuals released from immigration detention as a result of the High Court’s NZYQ decision;
extended supervision order for high-risk terrorist offenders;
Palestinian statehood;
funding for the Anti-Slavery Commissioner;
whistleblowing reforms;
the Foreign Influence Transparency Scheme;
the Optional Protocol to the Convention Against Torture and state-based National Preventative Mechanisms; and
privacy reforms.
Australian Human Rights Commission
1.30The President of the AHRC, Emeritus Professor Rosalind Croucher, made an opening statement.
1.31Key issues discussed included:
statements made by the AHRC in relation to Hamas attacks on Israel;
Ms Katie Kiss’ priorities as the new Aboriginal and Torres Strait Islander Social Justice Commissioner;
allegations that AHRC staff have been disciplined for protests in relation to the Israel-Hamas conflict;
the contract awarded to Hue Consulting by the AHRC for the development of a web-based anti-racism resource;
racism on university campuses;
the National Anti-Racism Strategy;
implementation of recommendations from the Respect@Work report;
Islamaphobia;
the AHRC’s engagement of comedian Mr Nazeem Hussain in relation to the Free + Equal Human Rights Conference;
discrimination experienced by disabled people during aviation travel and at sporting and music events;
an opinion piece written by the Race Discrimination Commissioner that addresses comments about racism in Australia made by Ms Lara Tingle;
accessibility of housing for people with a disability;
social media comments made by AHRC staff members in relation to the Israel-Hamas conflict in Gaza;
social cohesion grants received by the AHRC in response to the conflict in Gaza;
matters relating to the Roxanne Tickle v Giggle for Girls Pty Ltd case in the Federal Court; and
the Yongah Hill Immigration Detention Centre.
Administrative Appeals Tribunal
1.32Key issues discussed included:
decisions made by the AAT that apply Ministerial Direction 99 issued by the Minister for Immigration;
the transition to the Administrative Review Tribunal;
the accessibility of tribunal services for First Nations peoples;
public commentary in relation to the decisions of AAT members; and
the Administrative Review Council.
National Anti-Corruption Commission
1.33The Chief Executive Officer of the NACC, Mr Philip Reed, tabled an opening statement.
1.34Key issues discussed included:
the public inquiry powers of the NACC;
current corruption investigations; and
whether the NACC has powers to investigate corruption in Commonwealth companies.
Office of the Inspector-General of Intelligence and Security
1.35The key issue discussed related to comments made by the Director-General of ASIO in its 2021 annual threat assessment that described the activities of a foreign intelligence service operating in Australia.
Office of the Commonwealth Director of Public Prosecutions
1.36The Director of Public Prosecutions, Ms Raelene Sharp KC, made an opening statement.
1.37Key issues discussed included:
matters relating to the case of Mr Jamshidi Doukoshkan who was released from immigration detention as a result of the High Court’s NZYQ decision; and
matters relating to the case of defence whistle-blower Mr David McBride.
Australian Federal Police
1.38Mr Reece Kershaw APM, Commissioner, made an opening statement.
1.39Key issues discussed included:
an incident in 2019 in which officers from China’s Ministry of Public Security conducted an operation in Australia;
agreements between the AFP and Chinese law enforcement agencies;
attrition rate of police officers based in the Australian Capital Territory;
the AFP’s health and wellbeing strategy;
cybercrime;
the progress of investigations into PricewaterhouseCoopers (PwC) as part of Operation Alisia;
organised crime;
operations Fox Hunt and Sky Net conducted by the Chinese government;
threats to parliamentarians and their staff; and
charges and bail conditions in relation to the cohort of individuals released from immigration detention as a result of the High Court’s NZYQ decision.
Acknowledgement
1.40The committee thanks the minister and officers who provided evidence and support for the committee’s hearings.
Senator Nita Green
Chair