1.1
The Senate Legal and Constitutional Affairs Legislation Committee (the committee) examined the proposed 2020–21 expenditure of the Home Affairs portfolio and the Attorney-General's portfolio at public hearings held on 22 and 23 March 2021 and at a spill-over hearing on 14 April 2021.
1.2
This 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 proposed 2020–21 expenditure.
Referral of documents
1.3
On 18 February 2021, the Senate referred the following documents to committees for examination and report:
Particulars of proposed additional expenditure in respect of the year ending on 30 June 2021 [Appropriation Bill (No. 3) 2020-2021];
Particulars of certain proposed additional expenditure in respect of the year ending on 30 June 2021 [Appropriation Bill (No. 4) 2020-2021];
together with the final budget outcome 2019-20 and the advances under the annual Appropriation Acts for 2019-20.
Portfolio oversight
1.4
The 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
1.5
In accordance with Standing Order 26, the committee has drawn the attention of the departments and their agencies to the agreed deadline of Friday, 7 May 2021 for the receipt of answers to questions taken on notice.
1.6
This report has been prepared without reference to any responses to questions on notice.
1.7
Tabled 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.
Hansard transcripts
1.8
A transcription of the committee's hearings is made via the Committee Hansard, which is published on the estimates webpage.
1.9
References 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 portfolio
1.10
At its hearings on 22 March and 14 April 2021, the committee examined the outcomes of the Home Affairs portfolio. Evidence was provided by Senators the Hon Marise Payne, Michaelia Cash and Amanda Stoker on behalf of the Minister for Home Affairs, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, and the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management. Senior officers of the Home Affairs portfolio also gave evidence, led by the Secretary of the Department of Home Affairs, Mr Michael Pezzullo AO.
1.11
The committee took evidence from the following departments and agencies.
Department of Home Affairs (including Australian Border Force (ABF));
Australian Criminal Intelligence Commission (ACIC) and the Australian Institute of Criminology (AIC);
Australian Federal Police (AFP);
Australian Security Intelligence Organisation (ASIO);
Australian Transaction Reports and Analysis Centre (AUSTRAC); and
Office of the Special Investigator (OSI).
Key issues
1.12
The committee discussed a wide range of topics relating to the Home Affairs portfolio, including those discussed in the following sections.
Department of Home Affairs (including Australian Border Force)
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Mr Pezzullo and Mr Michael Outram PSM, Commissioner of the ABF made opening statements.
1.14
Key issues discussed included:
the US free-resettlement arrangement in relation to offshore illegal maritime arrivals;
expenditure on marketing and communications, labour hire and legal services;
the deportation of a 15-year-old minor to New Zealand;
freedom of information requests;
the cohort of detainees currently being held on Christmas Island;
cancellation of visas on character grounds under section 501 of the Migration Act 1958, including media coverage of the deportation of individuals to New Zealand and the High Court’s decision in Love v Cth; Thoms v Cth [2020] HCA 3;
the quarantine system and the movement of people in and out of Australia during the COVID-19 pandemic;
the COVID-19 crisis in Papua New Guinea;
emergency management funding;
the family from Biloela in immigration detention on Christmas Island;
restrictions on the sale of ammunition and firearms curing the pandemic;
the Safer Communities Fund;
resettlement of the 'offshore cohort';
immigration detainees in alternative places of detention under the 'Medevac' amendments to the Migration Act;
regulation of gatekeeper professions in relation to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006;
the Australian Values statement updated 30 October 2020; and
Department of Home Affairs and ABF investigation into the 'cash for visas' matter involving former NSW MP Daryl Maguire.
Australian Criminal Intelligence Commission and the Australian Institute of Criminology
1.15
Key issues discussed included:
criminal intelligence assessments for aviation or maritime security identification cards;
the Australian Firearms Information Network;
Aboriginal deaths in custody;
Australian Institute of Criminology report, Trends and issues in crime and criminal justice; and
Australian Institute of Criminology, Statistical bulletin 30: experiences of coercive control among Australian women and firearms policy.
Australian Federal Police
1.16
Commissioner Reece Kershaw APM made an opening statement.
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Key issues discussed included:
matters concerning the AFP's investigation of the alleged sexual assault of Brittany Higgins in Parliament House;
matters regarding the standing aside of the Hon. Christian Porter MP as Attorney-General;
transfer of funds from the Vatican to Australia;
raids conducted on the property of NSW parliamentarian Mr Shaoquett Moselmane MP;
the AFP's involvement with foreign government military or police forces;
media reporting on 60 Minutes on 11 April 2021 concerning alleged evidence of war crimes and intimidation of witnesses;
impact of the COVID-19 pandemic on levels of child exploitation activities;
the AFP's investigation into the Leppington Triangle land deal;
the AFP's involvement in investigations into former NSW MP, Daryl Maguire.
Australian Security Intelligence Organisation
1.18
Mr Mike Burgess, Director-General of Security, made an opening statement.
1.19
Key issues discussed included:
the prescription of the Sonnenkrieg Division as a terrorist organisation, and the potential prescription of other groups;
language used to describe categories of violent extremism;
foreign interference and espionage; and
research and technologies grants to universities vetoed by the Minister for Education.
Australian Transaction Reports and Analysis Centre
1.20
Ms Nicole Rose PSM, Chief Executive Office, provided an opening statement.
1.21
Key issues discussed included:
information-sharing between AUSTRAC and casino operators regarding anti-money laundering and junket operations;
reporting errors in data concerning the transfer of funds from the Vatican to Australia;
international money laundering and the role of a Magnitsky-style law in Australia;
statutory review of the Anti-Money Laundering and Counter-Terrorism Finance Act 2006; and
regulation of gatekeeper professions.
Office of the Special Investigator
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Mr Chris Moraitis PSM, Director-General, made an opening statement.
1.23
Key issues discussed included:
the timeline for the OSI's work;
the relationship between the OSI and the Department of Defence;
staffing arrangements for the OSI;
relationship between the work of the OSI and the AFP; and
possible protections for whistle-blowers in the course of the OSI's work.
Attorney-General's Portfolio
1.24
At its hearings on 23 March and 14 April 2021, the committee examined the outcomes of the Attorney-General's portfolio. Evidence was provided by Senators the Hon Michaelia Cash and Amanda Stoker representing the Attorney-General and senior officers of the Attorney-General's portfolio led by the Acting Secretary of the Attorney-General's Department, Mr Iain Anderson.
1.25
The committee took evidence from the following department and agencies within the Attorney-General's portfolio:
Administrative Appeals Tribunal (AAT);
Australian Human Rights Commission (AHRC);
Attorney-General's Department (AGD);
Family Court of Australia, Federal Circuit Court of Australia and Federal Court of Australia
Independent National Security Legislation Monitor (INSLM);
National Archives of Australia (NAA);
Office of the Australian Information Commissioner (OAIC);
Office of the Director of Public Prosecutions (CDPP); and
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission).
Key issues
1.26
The committee discussed a wide range of topics relating to the Attorney-General's portfolio, including those outlined below.
Attorney-General's Department
1.27
Key issues discussed included:
matters relating to defamation action by the former Attorney-General, the Hon Christian Porter MP in relation to allegations of sexual assault made against him;
implementation of the recommendations of the Royal Commission into National Natural Disaster Arrangements;
funding for parties in native title proceedings;
activities of the National Commissioner for Defence and Veteran Suicide Prevention and the establishment of a royal commission into veteran suicides;
proposed legislative amendments to ensure greater confidentiality protections for participants in the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability;
family law, including reforms to the Federal Circuit Court of Australia and the Family Court of Australia, and the operation of the Family Law Council;
updates in policy relating to domestic and family violence, including coercive control;
matters related to the Respect@Work report by Ms Kate Jenkins, Sex Discrimination Commissioner;
Aboriginal deaths in custody;
appointments to the Melbourne registry of the Federal Court of Australia;
the review of the Privacy Act 1988;
raising the age of criminal responsibility;
the Foreign Influence Transparency Scheme;
establishment of the Commonwealth Integrity Commission; and
the Wiyi Yani U Thangani (Women's Voices) report, by Aboriginal and Torres Strait Islander Social Justice Commissioner June Oscar AO.
Administrative Appeals Tribunal
1.28
Ms Sian Leathem, Registrar, made an opening statement.
1.29
Key issues discussed included:
expenses claimed by a number of AAT members;
finalisation rates of members of the AAT;
caseloads and figures for decisions related to the JobSeeker payment, the Disability Support Pension and the parenting payment, the cashless debit card, debt applications;
performance of members of the AAT;
policies relating to the terms of employment and payment of members of the AAT; and
the collation of data relating to benchmarks for members.
Australian Human Rights Commission
1.30
Key issues discussed included:
the Independent Review into Commonwealth Parliamentary Workplaces by Ms Kate Jenkins, Sex Discrimination Commissioner;
the Respect@Work report by Ms Jenkins, Sex Discrimination Commissioner;
the National Anti-Racism Framework;
the findings of the Royal Commission into Aged Care Quality and Safety;
enshrining human rights into aged care and ageism;
the AHRC's elder abuse awareness campaign;
sexual violence and abuse in aged care;
matters relating to the deportation notice issued to the family of Kayaan Katyal; and
current priorities and funding for the work of the Disability Discrimination Commissioner.
Family Court of Australia, Federal Circuit Court of Australia and Federal Court of Australia
1.31
Mr David Pringle, Chief Executive Officer and Principal Registrar of the Family Court and the Federal Circuit Court, made an opening statement.
1.32
Key issues discussed included:
current and future vacancies on the bench of the Family Court of Australia, and employment practices for senior management positions;
workload of the Federal Circuit Court of Australia;
funding for the Lighthouse Project;
the ongoing internal review of bullying and harassment policies at the Federal Circuit Court and Family Court; and
the establishment of the Federal Circuit and Family Court of Australia.
Independent National Security Legislation Monitor
1.33
Mr Grant Donaldson SC, Independent National Security Legislation Monitor, gave an opening statement.
1.34
Key issues discussed included:
review of operation of Part 3, Division 1 of the National Security Information (Criminal and Civil Proceedings) Act 2004;
Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020; and
National Archives of Australia
1.35
The committee discussed issues raised in, recommendations arising out of, and the government's response to, the Review of the National Archives of Australia by Mr David Tune AO PSM.
Office of the Australian Information Commissioner
1.36
Key issues discussed included:
the Australian Government Agencies Privacy Code;
the ongoing review of the Privacy Act; and
timeframes for the resolution of information commissioner reviews.
Office of the Director of Public Prosecutions
1.37
The committee discussed the prosecution of Mr Richard Boyle with officers of the Office of the Director of Public Prosecutions.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
1.38
Key issues discussed included:
the need for an extension to the royal commission's reporting deadline;
the impact of the COVID-19 pandemic on engagement with the royal commission;
confidentiality protections for participants; and
vetting processes for witnesses.
Acknowledgement
1.39
The committee thanks the ministers and officers who provided evidence, and support for, the committee's hearings.
Senator the Hon Sarah Henderson
Chair