THE House of Representatives Standing Committee on Social Policy and Legal Affairs has commenced an inquiry into the Administrative Review Tribunal Bill 2023 (ART Bill) and the Administrative Review Tribunal (Consequential and Transitional Provisions No.1) Bill 2023 (Consequential and Transitional Bill).

Chair of the committee, Susan Templeman MP said, "The committee is seeking written submissions by 18 January 2024 to assist in its scrutiny of the ART Bill and Consequential and Transitional Bill to ensure the bills achieve the Government’s policy objectives and do not have unintended consequences, but will accept submissions after that date."

The ART Bill would establish the Administrative Review Tribunal (Tribunal) and set out its key features, processes and procedures. The Consequential and Transitional Bill repeals the Administrative Appeals Tribunal Act 1975, makes consequential amendments to a number of Commonwealth Acts and provides for the transition of the Administrative Appeals Tribunal’s (AAT) operations, caseload and staff to the Tribunal. The Bills are intended to, among other things:

• provide for a mechanism of review that is fair and just; timely, informal and inexpensive; accessible and responsive; improve the transparency and quality of government decision-making and improve public trust and confidence in the tribunal;
• re-establish the Administrative Review Council;
• retain the jurisdiction of the AAT within the tribunal and essential modifications to the operation of the merits review framework;
• promote consistency and simplicity by repealing special arrangements that overlap, duplicate or unnecessarily displace core provisions of the ART Bill.

The bills would implement all three recommendations of the Senate Legal and Constitutional Affairs Committee’s inquiry into the performance and integrity of Australia’s administrative review system, four recommendations of the Royal Commission into the Robodebt Scheme and two recommendations of the Rapid Review into the Exploitation of Australia's Visa System.

Further information about the inquiry is available on the Committee's webpage.

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THE Australian Parliament’s Agriculture Committee has released its report for its inquiry into food security in Australia. The inquiry examined ways to strengthen and safeguard Australia’s food security, focussing on production, supply chains and key inputs, as well as climate change, biosecurity and food insecurity.

Committee Chair, Meryl Swanson MP said, "Despite Australia being one of the most food secure countries in the world, recent developments both at home and abroad have shown that food security presents real and growing challenges to the nation.

"Food security is not something that any of us can take for granted. COVID-19, floods, the effects of the war in Ukraine, and outbreaks of foot and mouth disease and lumpy skin disease in Indonesia have highlighted risks to our food system.

"Systemic change is required so that all Australians, and those that depend on Australian food production, will be food secure. Consultation, cooperation, coordination and innovation are the keys to food security," Ms Swanson said.

The committee has made 35 recommendations to address food security in Australia, including:

• creating a comprehensive National Food Plan;
• appointing a Minister for Food;
• establishing a National Food Council;
• developing a National Food Supply Chain Map;
• measures to facilitate innovation in the production of food; and
• measures to eliminate food waste.

The report also proposes measures to improve sustainability and resilience in the food supply chain, improve access to labour, and reduce food insecurity.

Over the course of the inquiry, the committee held 24 public hearings, visited numerous sites around Australia, and received 188 written submissions from individuals, industry and community groups and government bodies.

The committee has thanked all those who took part in the inquiry by providing written submissions and giving evidence at public hearings or hosted the committee on site visits. The committee said it was "particularly grateful to those who took time out of their days to host the committee at various sites around the country and the insights this provided into the work of providing for the food security of Australians".

The full report can be found on the committee’s inquiry webpage.

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IN RESPONSE to a Senate Resolution of December 4, 2023, the Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced an inquiry into the operation, effectiveness and implications of new provisions in the Australian Citizenship Act 2007 (Citizenship Act), implemented by the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 (Citizenship Repudiation Act).

The Citizenship Repudiation Act was passed by Parliament on December 4, 2023, following High Court decisions which determined that the citizenship cessation regime previously set out in Subdivision C of Division 3 of Part 2 of the Citizenship Act was unconstitutional.

The Citizenship Repudiation Act repealed and replaced the relevant provisions to now provide that the Minister may make an application to a court to make a citizenship cessation order in certain circumstances, as part of sentencing on conviction of a person for certain serious offences. On receiving such an application, the court may, as part of sentencing the person to a period or periods of imprisonment, also order that they cease to be an Australian citizen.

At the direction of the Senate, the committee will also consider amendments proposed in the Senate which did not pass and do not form part of the final Act. These amendments are available on the Committee’s website.

Chair of the PJCIS, Peter Khalil MP said, “This review will provide a valuable opportunity to consider the new citizenship repudiation law that needed to be very rapidly put in place by Parliament following the decisions of the High Court. The review provides the opportunity to examine the operation, effectiveness and implications of the new citizenship repudiation regime, as well as amendments that were proposed during the Senate’s consideration of it.

“The committee will carefully consider the new law and looks forward to receiving the views of interested people and organisations on it,” Mr Khalil said.

The committee has combined this review with its current review of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 and will report on both reviews together.

The committee has requested submissions to the inquiry by Thursday, February 8, 2024. Any submissions made to the committee’s statutory Review of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 will be taken as a submission to this inquiry.

Further information on the inquiry can be obtained from the Committee’s website.

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THE Mining and Energy Union (MEU) is registered with the Fair Work Commission as a standalone trade union effective today, formalising the withdrawal of the Mining and Energy Division from the Construction Forestry Maritime Mining and Energy Union (CFMMEU).

MEU general president Tony Maher said it was a historic day for the union, which delivered on members’ strong wish to become independent.

“Today, we are a brand new union as well as being one of the oldest unions in Australia,” Mr Maher said.

“We have been representing coal miners since the 1850s, in various forms. Today’s Mining and Energy Union builds on our proud tradition and track record, with a clear focus on meeting the current and future challenges facing workers in mines, ports and power stations.

“Our industries face constant change, but we will always stand for well-paid jobs in safe workplaces within strong communities.”

MEU general secretary Grahame Kelly said the transition from CFMEU to MEU would be seamless for members, with all the day-to-day work and structures of the union remaining unchanged.

“The significance of our independence will be felt over time, with the ability to make our own decisions based entirely on our members’ interests," Mr Kelly said.

“We thank our members, delegates, officials, staff and supporters for their dedication, enthusiasm and hard work in pursuing independence.

“We look forward to the next chapter of our history as the Mining and Energy Union starting today.”

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THE Joint Standing Committee on Treaties has tabled a report recommending the ratification of the Amendments to the Annex of the Convention on Facilitation of International Maritime Traffic, 1965 (FAL Convention Amendments).

The FAL Convention facilitates international maritime traffic and prevents unnecessary delays, aids cooperation between governments and secures uniformity, to the highest practicable degree in maritime procedures and formalities. The Annex to the Convention contains Standards and Recommended Practices on formalities, documentary requirements and procedures for the arrival, stay or departure of ships. The Annex also contains implementation procedures and appendices with additional information.

The Amendments to the Annex cover topics such as definitions and general provisions, illicit activities, digitalisation of vessel reporting requirements, identification, treatment of stowaways, public health, and implementation.

Committee Chair Josh Wilson MP said, "As a signatory to the original treaty, the Convention on Facilitation of International Maritime Traffic, Australia is a strong supporter of ensuring the streamlining and simplification of maritime traffic.

"The FAL Convention ensures that there is a standard, consistent, harmonised approach to maritime traffic around the world. Cooperation between governments on these issues is important in ensuring international standards and that Australia is in alignment with those standards," Mr Wilson said.

The committee noted the support of the government and from industry for the treaty.

The committee supported ratification and recommended that binding treaty action be taken.

The report can be found on the Committee website, along with further information on the inquiry.

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THE Human Rights Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) has tabled its report titled ‘The pursuit of equality: Inquiry into the rights of women and children.’

Chair of the Subcommittee, Maria Vamvakinou MP, said, “Almost every witness and submitter to the inquiry noted that the rights of women and children were in decline globally.

“This regression of the rights of women and children has been attributed to a combination of factors, including the impacts of COVID-19, climate change, and conflict and instability. Growing inequality and resistance from some nation-states who are hostile to the international human rights agenda has further exacerbated the situation,” Ms Vamvakinou said.

The report makes 10 recommendations aimed at strengthening and furthering measures to better support the rights of women and children globally, including:

• the creation of an international policy aimed specifically at children that is similar to the current gender strategy;
• the implementation of a suite of strategies designed to counteract orphanage trafficking and tourism;
• highlighting gender-based violence as a key strategic issue in the new International Gender Equality Strategy that is to be developed and implemented by the Australian Government; and
• improving legislative responses to the rights of victims of child exploitative material distributed online.

The report is now available on the JSCFADT website.

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AT THE REQUEST of the Minister for Home Affairs, the Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of the National Security Legislation Amendment (Comprehensive Review and Other Measures No.3) Bill 2023.

The Bill would amend several pieces of national security legislation to address twelve recommendations of the 2020 Comprehensive Review of the Legal Framework of the National Intelligence Community (known as the Richardson Review), and to make other amendments identified as necessary by the intelligence community.

Key amendments proposed by the Bill seek to:

• strengthen protections around the identity of employees of the Australian Signals Directorate (ASD), Australian Security Intelligence Organisation (ASIO) and Australian Secret Intelligence Service (ASIS);
• improve the ability of ASIO to communicate information, and provide additional protections for individuals communicating certain information;
• increase operational flexibility through updated approval processes for certain intelligence activities;
• clarify provisions relating to the authorisation of certain intelligence activities;
• provide for quicker processing of non-prejudicial security clearance suitability assessments;
• require ASIO to notify the Inspector-General of Intelligence and Security when certain security assessments, security clearance decisions, and security clearance suitability assessments have not been made or furnished within 12 months;
• clarify that only the Attorney-General, and not junior ministers, can exercise certain powers relating to ASIO and to telecommunications.

Mr Peter Khalil MP, Chair of the PJCIS, said, “The committee looks forward to receiving the views of interested parties on the reforms proposed by the Bill, which aim to further refine and enhance the legal framework governing Australia’s intelligence agencies.”

Submissions to the inquiry are invited by Friday, February 2, 2024.

Further information on the inquiry can be obtained from the Committee’s website.

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THE Joint Committee of Public Accounts and Audit (JCPAA) has initiated a new inquiry to examine the Department of Home Affairs’ procurement of a replacement IT system for processing visa applications.

Home Affairs engaged in a multi-stage procurement for the visa processing capability which commenced in September 2017, with a new related process beginning in October 2020.

Chair of the Committee, Julian Hill MP, said the inquiry would consider the expenditure incurred and whether value for money was achieved, the impact of anticipated savings on the Department of Home Affairs, the conduct of entities or persons involved or interested in the process, the ethical use of resources and ethical behaviour, and any lessons arising.

“The previous Government wasted $92 million on a failed attempt to privatise visa processing, yet after they abandoned their tender process still forced Home Affairs to bear a $180 million cut from fake savings that never materialised," Mr Hill said.

“The Auditor-General examined some of these issues in a report tabled this year, but further questions that have emerged warrant a stand-alone inquiry.

“The Parliament and public should understand what went on regarding this aborted, wasteful privatisation and what lessons should be learnt given the critical importance of actually doing something to upgrade Home Affairs’ antiquated IT systems.

“The committee looks forward to hearing from Home Affairs and to considering the conduct of entities or persons involved or interested in that procurement process," Mr Hill said.

The inquiry will focus on matters contained in or related to Auditor-General Report No. 34 of 2022-23 - Procurement of the Permissions Capability.

The committee is inviting submissions from interested parties by 31 January 2024.

Further information about the inquiry is available on the Committee website.

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