Chapter 1Additional estimates 2023-24
1.1The Senate Legal and Constitutional Affairs Legislation Committee (the committee) examined the proposed 2023-24 expenditure for the Home Affairs portfolio and the Attorney-General’s portfolio at public hearings held on 12 and 13 February 2024 and 19 and 27 March 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 proposed 2023–24 expenditure.
Referral of documents
1.3On 7 February 2024, 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 2024 [Appropriation Bill (No. 3) 2023-2024];
Particulars of certain proposed additional expenditure in respect of the year ending on 30 June 2024 [Appropriation Bill (No. 4) 2023-2024]; and
Particulars of proposed additional expenditure in relation to the parliamentary departments in respect of the year ending on 30 June 2024 [Appropriation (Parliamentary Departments) Bill (No. 2) 2023-2024].
Portfolio oversight
1.4The 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
1.5In accordance with Standing Order 26, the committee has drawn the attention of the departments and their agencies to the agreed deadline of Friday, 5 April 2024 for the receipt of answers to questions taken on notice.
1.6This report has been prepared without reference to any responses to questions on notice.
1.7Tabled 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
1.8The Senate determined that the committee would report on its consideration of the 2023-24 proposed additional expenditure on 19 March 2024.
1.9On 20 March 2024, the committee was granted an extension of time to report to allow inclusion of the spill over hearings for the Additional Estimates 2023-24 round held on 19 and 27 March 2024.
Hansard transcripts
1.10A transcription of the committee’s hearings is made via the Committee Hansard, which is published on the estimates webpage.
1.11References 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
1.12At its hearings on 12 February and 27 March 2024, the committee examined the outcomes of the Home Affairs portfolio. Evidence was presented by Senator the Honourable 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 also gave evidence, including the Secretary of the Department of Home Affairs, Ms Stephanie Foster PSM.
1.13The committee took evidence from the following departments and agencies:
Department of Home Affairs (including Australian Border Force (ABF));
Australian Security Intelligence Organisation (ASIO); and
National Emergency Management Agency (NEMA).
Department of Home Affairs (including Australian Border Force)
1.14Ms Foster and Mr Michael Outram APM, Commissioner of the ABF, made opening statements.
1.15Key issues discussed included:
the department’s response to correspondence received from Senator Cash and Senator Paterson requesting information in relation to the NZYQ matter in advance of Additional estimates 2023-24;
an independent review by Mr Daniel Richardson into integrity and governance arrangements for the department’s procurement and contract management process;
the media transcript of an appearance by the Minister for Home Affairs on Sky News in November 2023;
the New Zealand refugee resettlement arrangement;
the declaration of attacks by Hamas on 7 October 2023 as a terrorist act under the Australian Victim of Terrorism Overseas Payment (ATVOP) compensation scheme;
the development, funding, and implementation of legislation in relation to the Australian Cyber Security Strategy;
cyber security incidents and incident response;
the Cyber Security Coordinator;
the use of solar inverter devices manufactured by companies including Sungrow, GoodWe, Growatt, and Huawei in department offices;
the Protective Security Policy Framework and the deployment of technology by Commonwealth departments and agencies;
guidance issued by the Cybersecurity and Infrastructure Security Agency in the United States relating to the use of unmanned aerial aircraft systems by critical infrastructure operators;
engagement with the Philippines government in the drafting of the Philippines Anti-Terrorism Act 2020;
the training and use of the Violent Extremist Risk Assessment 2 Revised (VERA-2R) assessment tool;
the ban on the use of TikTok on Commonwealth government devices and the possible banning of similar social media platforms under the Privacy Security Policy Framework;
changes to the post-study work rights for international students;
visas granted to individuals with Palestinian Authority travel documents since 7 October 2023;
the procurement process for awarding the Manus Island contract for regional processing to Paladin Holdings;
the administration of funding provided to support Australian communities affected by the Hamas attacks on Israel;
antisemitism in Australia following 7 October 2023 attacks by Hamas;
the funding arrangements and issues relating to Papua New Guinea’s independent management of its residual regional processing caseload;
Afghan nationals residing in Pakistan who have applied for visas in Australia;
the Rapid review into the exploitation of Australia’s visa system report by Ms Chirstine Nixon AO APM;
visa applicants in the family visa stream and the ageing out of dependents during visa processing;
the processing of visa applications for international students;
the Community Protection Board;
the possible application of preventative detention orders to the cohort of detainees released by the High Court’s NZYQ decision;
monitoring of the cohort released by the High Court’s NZYQ decision;
timeline of the government’s response to the High Court’s NZYQ decision;
advice provided by the department to the government in relation to the High Court’s NZYQ decision;
removal prospects for the cohort of individuals affected by the High Court’s NZYQ decision;
preparatory efforts by the department prior to the High Court’s NZYQ decision;
ministerial interventions by then Minister Peter Dutton in respect of NZYQ;
legislation for a preventative detention regime;
financial costs incurred by the department in dealing with the NZYQ matter;
interactions between the departmental secretary and ministers’ offices in relation to the department’s appearance at Senate estimates;
the work and progress of initiatives implemented by the department in relation to cyber security including the Executive Cyber Council, National Exercise Program, and National Cyber Intel Partnership;
critical infrastructure;
alleged crimes committed by individuals in the NZYQ affected cohort;
unauthorised maritime arrivals detained under regional processing arrangements in Nauru;
assistance packages to relocate detainees held in Nauru;
immigration and visa processing initiatives in relation to workforce shortages;
labour agreements for aged-care providers;
individuals in the NZYQ affected cohort who have been charged for breaching their visa conditions;
the case of Yusuf Zahab, an Australian citizen who is incarcerated in Syria; and
Australian citizens who have travelled outside of Australia and who were suspected to have departed Australia to serve or attempt to serve with the Israel Defence Forces since 7 October 2023.
National Emergency Management Agency
1.16The Coordinator-General of NEMA, Mr Brendan Moon AM, made an opening statement.
1.17Key issues discussed included:
programs and services provided to Far North Queensland communities affected by Cyclone Jasper;
financial and recovery support provided to the Queensland state government;
the Commonwealth recovery liaison officer role in Queensland;
provision of weather warnings including by the Bureau of Meteorology and the Australian Warning System;
controlled burning in relation to bushfires;
progress of the Fitzroy River Bridge and recovery efforts in response to Tropical Cyclone Ellie;
Commonwealth assistance to Western Australia in preparation for the high-risk-weather-season;
mental health and wellbeing support for first responders; and
telecommunication infrastructure resilience.
Australian Security Intelligence Organisation
1.18Key issues discussed included:
media reports alleging that an Australian living in Lebanon killed by an Israeli air strike was a member of Hezbollah;
threats to security from violent extremists motivated or affected by events in the Middle East;
briefings by ASIO to members of parliament;
possible threats to the Sikh community in Australia;
ASIO’s involvement in the charges brought against Carrick (a pseudonym) in the CDPP v Carrick (a pseudonym) [2023] VChC 2 case; and
ASIO’s diversity and inclusion strategy.
Attorney-General’s portfolio
1.19At its hearings on 12 and 13 February and 19 March 2024, the committee examined the outcomes of the Attorney-General’s portfolio. Evidence was provided by Senator the Honourable Murray Watt and Senator the Honourable Anthony Chisholm on behalf of the Attorney-General. Senior officers of the Attorney-General’s portfolio also gave evidence, including the Secretary of the Attorney-General’s Department, Ms Katherine Jones PSM.
1.20The committee took evidence from the following department and agencies within the Attorney-General’s portfolio;
Office of the Special Investigator (OSI);
Office of the Inspector-General of Intelligence and Security (IGIS);
Commonwealth Director of Public Prosecutions (CDPP);
Attorney-General’s Department (AGD);
Australian Human Rights Commission (AHRC);
Australian Federal Police (AFP); and
Office of the Australian Information Commissioner (OAIC).
Office of the Special Investigator
1.21The Special Investigator, Mr Chris Moraitis PSM, tabled an opening statement.
1.22The key issue discussed related to the progress of charges as a result of investigations into 19 people referred to the OSI due to alleged war crimes identified in the Australian Defence Force Afghanistan Inquiry (the Brereton Report).
Office of the Inspector-General of Intelligence and Security
1.23The key issue discussed was reviews conducted by IGIS into ASIO’s management of investigations relating to minors.
Commonwealth Director of Public Prosecutions
1.24The key issue discussed related to the CDPP v Carrick (a pseudonym) [2023] VChC 2 case in the Children’s Court of Victoria.
Attorney-General’s Department
1.25Key issues discussed included:
the process for appointing the Deputy Commissioner of the National Anti-Corruption Commission, including concerns around candidates’ political affiliations or previous political activities;
appointments to the Administrative Appeals Tribunal and the Australian Human Rights Commission;
items on the Standing Council of Attorneys-General (SCAG) agenda;
the recruitment process for appointments to the Administrative Review Tribunal;
constitutional aspects of the NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs case in the High Court;
First Nations justice reinvestment;
the One Talk at a Time campaign;
pilot programs for providing legal support to victims and survivors of sexual violence;
administration of funding under the National Legal Assistance Partnership (NLAP);
bankruptcy and personal insolvency reforms;
exposure draft legislation in response to the statutory review of the Personal Property Securities Act 2009 conductedby Mr Bruce Whittaker;
copyright law reform;
funding for victims of child sexual abuse;
issues relating to the delivery of legal aid services by the North Australian Aboriginal Justice Agency (NAAJA) in Alice Springs;
continuing detention orders (CDOs) and extended supervision orders (ESOs) under the High-Risk Terrorist Offender (HRTO) scheme;
the David McBride case in the ACT Supreme Court;
the development of a new general secrecy offence;
the National Firearms Register;
tranche 2 anti-money laundering and counter-terrorism financing (AML/CTF) reforms;
the department’s role in preparing a question time briefing for the Attorney-General in relation to the Israel-Hamas conflict;
anti-money-laundering and cryptocurrency laws;
the Australian government’s response to the United Nations Human Rights Office report in relation to forced labour in the Xinjiang Autonomous Region;
the Australian Human Rights Commission intervention in the NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs case in the High Court;
a witness statement by former Attorney-General Mr Christian Porter in relation to an interim measures application made by Zeph Investments;
implementing National Preventive Mechanisms under the Optional Protocol to the Convention Against Torture;
the Foreign Influence Transparency Scheme;
the Brett Cattle Company Pty Ltd v Minister for Agriculture class action case in the Federal Court of Australia;
correspondence from the Minister for Infrastructure, Transport, Regional Development and Local Government to the Attorney-General requesting the sunsetting of regulations under the Sydney Airport Demand Management Act 1997;
the development of whistle-blower reforms; and
the possible extradition of Julian Assange from the United Kingdom to the United States.
Australian Human Rights Commission
1.26The President of the AHRC, Emeritus Professor Rosalind Croucher AM, and Commissioner June Oscar AO, tabled opening statements.
1.27Key issues discussed included:
recent increases in antisemitism;
recommendations of the independent review into the NDIS in relation to independent housing and living support;
disabled people’s experiences with the airline industry;
reflections on Ms June Oscar’s term as the Aboriginal and Torres Strait Islander Social Justice Commissioner;
concerns raised by AHRC staff in relation to the AHRC’s response to the Israel-Hamas conflict ; and
intervention in legal cases by the AHRC.
Australian Federal Police
1.28Commissioner of the AFP, Mr Reece Kershaw, and Acting Commissioner, Mr Ian McCartney APM, made opening statements.
1.29Key issues discussed included:
charges brought against the cohort of individuals released from immigration detention following the High Court’s decision in the NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs case;
the major controlled operation against Carrick (a pseudonym);
communications between the AFP and Mr Peter Dutton in relation to Operation Regatta;
the AFP’s undercover program and threats to the safety of undercover operatives;
the investigation into PricewaterhouseCoopers titled Operation Alesia;
the National Firearms Register;
the role of the AFP in the Pacific region;
arrangements for and purpose of Commissioner Kershaw’s travel to China in March 2024;
whether the AFP has received advice about the cohort of individuals who could be affected by the AFS17 v Commonwealth of Australia case in the High Court;
the extent of AFP involvement in an investigation by New South Wales police into a homemade bomb found on a car in Sydney;
industrial action by the Australian Federal Police Association;
anti-money laundering activities conducted by the AFP;
the role of the AFP in preventative detention orders;
the results of AFP staff surveys;
human trafficking and slavery; and
the use of Artificial Intelligence in combatting crime.
Office of the Australian Information Commissioner
1.30The Australian Information Commissioner, Ms Angelene Falk, made an opening statement.
1.31The key issues discussed included:
OAIC inquiries into TikTok’s handling of personal information collected using the TikTok Pixel tool;
the current caseload of Information Commissioner reviews;
the OAIC investigation into the Dominique Grubisa and Master Wealth Control Pty Limited matter; and
the OAIC investigation into an alleged data breach at AMEX.
Acknowledgement
1.32The committee thanks the ministers and officers who provided evidence and support for the committee’s hearings.
Senator Nita Green
Chair