Senate Legal and Constitutional Affairs Legislation Committee

Senate Estimates hearing, 27 Oct 2026

Searchable transcript of the Senate Legal and Constitutional Affairs Legislation Committee, 27 Oct 2026 Senate Estimates hearing, with chapters: Hearing Opening and Acknowledgments, Minister's Statement on Weather Risks, NEMA Operational Update and Staffing, Disaster Recovery Funding Reform…

Chapters

Hearing Opening and Acknowledgments (16:04)
The committee chair opens the supplementary budget estimates hearing and acknowledges the traditional custodians of the land.
Minister's Statement on Weather Risks (20:02)
The Minister provides an update on the high-risk weather season, offers condolences for a flood-related death, and discusses the implementation of the OzAlert national warning system.
NEMA Operational Update and Staffing (23:55)
NEMA's Coordinator-General outlines recent emergency responses, preparedness exercises, internal payroll improvements, and the results of the APS employee census.
Disaster Recovery Funding Reform Consultation (30:34)
Discussion regarding the progress of negotiations with states, territories, and local governments on the new disaster recovery funding framework.
Key Priorities for Funding Framework (37:49)
Officials discuss streamlining evidentiary requirements, standardized recovery packages, and the concept of "betterment" for resilient infrastructure.
Victorian Disaster Resilience Projects (40:52)
Details on Disaster Ready Fund (DRF) Round 4 projects in Victoria, including flood mitigation works for the Barmah community.
Victorian Disaster Ready Fund Project Updates (40:53)
The committee reviews successful round four Disaster Ready Fund projects in Victoria, including flood mitigation in Moira Shire, community center rebuilding in Strathbogie, and levee construction in Bendigo and Rochester.
Oz Alert System Costs and Transparency (48:12)
Senators question the $132 million investment figure for the Oz Alert system, debating commercial-in-confidence restrictions on disaggregated cost data and future sustainment funding.
Revised Disaster Recovery Funding Activation Thresholds (56:14)
Discussion on the revision of disaster recovery funding activation thresholds from $240,000 to higher levels, addressing concerns about the financial impact on regional councils with small rate bases.
Resilient Infrastructure Scheme and Advisory Group (1:00:48)
Officials provide updates on the 15% resilient infrastructure scheme for betterment and the establishment of the Disaster Reform Advisory Group to facilitate local government input.
Closure of Disaster Relief Australia Capability (1:05:11)
The committee examines the impact of the liquidation of Disaster Relief Australia and the interim measures being taken to replace its rapidly deployable recovery workforce for the upcoming weather season.
NEMA Workplace Culture and Census Results (1:09:04)
A detailed review of the APS employee census results for NEMA, highlighting concerns regarding senior executive leadership, high staff turnover, and reports of bullying and harassment.
Tasmanian Fire Camera Network Project Progress (1:23:29)
Updates on Disaster Ready Fund projects in Tasmania, specifically the integrated fire camera network using AI technology for early detection and flood resilience work in Glenorgan Spring Bay.
Disaster Ready Fund Projects in Tasmania (1:23:30)
Discussion on Round 3 projects including the integrated fire camera network and flood resilience in Glamorgan Spring Bay, alongside the timeline for Round 4 announcements.
Coastal Inundation Mitigation in South Carnarvon (1:27:46)
An update on the Disaster Ready Fund project to upgrade the surge wall and coastal levy system in Western Australia to mitigate seawater inundation risks.
Funding Cessation for Disaster Relief Australia (1:28:48)
Senators debate the decision to stop funding for Disaster Relief Australia following fraud allegations that were later found to be unsubstantiated, and the impact on veteran-led recovery.
Consultant Costs for NEMA Payroll Remediation (1:37:46)
Examination of the nearly $1 million spent on consultants including KPMG and Cordamenta to address systemic payroll issues and underpayments within NEMA.
Addressing Systemic Underpayments and Overpayments (1:46:10)
Officials provide a breakdown of potential underpayments and overpayments totaling over $3 million and discuss the timeline for finalising remediation this financial year.
Funding for Northern Australia Fire Information (1:56:43)
Discussion on the funding for the NAFI service and the $350,000 administrative cost charged by the Business Grants Hub to manage the grant agreement.
NAFI Funding and Fire Detection Capability (1:59:30)
Senators discuss the funding history of the Northern Australia Fire Information (NAFI) service and concerns regarding aging NASA satellites causing gaps in fire detection.
National Emergency Alert Test Results (2:03:31)
Officials review the performance of the national emergency alert test, including cell tower broadcast rates and community survey feedback on message reception.
Home Affairs Census and Staffing Results (2:16:33)
The Secretary of the Department of Home Affairs provides an opening statement covering staff census results, workplace culture improvements, and resilience after a difficult year.
Immigration Measures and Budget Allocations (2:21:46)
Discussion regarding the $12.9 million budget allocation for the 'better selecting migrants' measure and the administration of working holiday maker ballots.
Financial Impact of NZYQ Case Response (2:24:43)
Officials provide a breakdown of the $252.6 million spent on the government's response to the NZYQ High Court ruling, including electronic monitoring and legal costs.
Operation AGIS and Community Protection Costs (2:31:25)
A detailed look at the funding for Operation AGIS, community protection boards, and the management of the NZYQ cohort.
Illicit Tobacco and Deloitte Contract Inquiry (2:34:10)
A brief inquiry into a contract between the Illicit Tobacco and E-Cigarette Commissioner and Deloitte, which is deferred to a later session.
Flexible Working and Pregnancy Penalty Inquiry (2:35:12)
Senators question the department on flexible working policies for senior executives following media reports on the 'pregnancy penalty' and specific staff cases.
Internal Policy Reviews and Media Reporting (2:47:56)
Examination of internal reviews following media reporting on staff matters and the department's handling of privacy.
Voluntary Redundancy Program Costs and Offers (2:51:10)
Overview of the voluntary redundancy program, including the number of expressions of interest and total cost.
Redundancy Breakdown by Level and Area (2:53:36)
Detailed breakdown of redundancies across different departmental areas and various APS and SES levels.
Delays and Stale Data in QONs (3:00:59)
Debate regarding delays in providing answers to Questions on Notice and the resulting staleness of data.
Impact of Question Volume on Resources (3:06:55)
Discussion on the administrative burden caused by the high volume of parliamentary questions and orders for documents.
Freedom of Information Redactions and Backlogs (3:17:55)
Inquiry into Freedom of Information request backlogs, redaction justifications, and statutory timeframe compliance.
Redundancy Savings and Future Program Outcomes (3:23:33)
Analysis of projected financial savings from the redundancy program and transition to future outcome discussions.
Cybersecurity and Legacy IT System Stocktake (3:24:27)
The department discusses the response to unauthorized OpenAI access and the ongoing stocktake of legacy IT systems, including deadlines for identifying systems of government significance.
Access to Frontier AI and Daybreak Program (3:28:54)
Senators question why Home Affairs has not requested access to OpenAI's 'Daybreak' cybersecurity program despite other agencies receiving credits, while officials emphasize the coordinating role of the ASD.
Whole-of-Government Response to OpenAI Incident (3:41:44)
Discussion on the coordinated response to the OpenAI incident and an informal estimate that replacing vulnerable legacy Commonwealth IT systems could cost between $15 billion and $17 billion.
Legacy Technology Risk Management and Deadlines (3:47:04)
Officials outline the strategy for mitigating, replacing, or stopping legacy technology, noting that risk management plans for non-critical systems are due by March 2027.
Cybersecurity Strategy Horizon 2 and Resilience (3:54:03)
An update on Horizon 2 of the Australian Cybersecurity Strategy, focusing on the 'human firewall,' small business resilience, and the success of anti-scam public awareness campaigns.
Sovereign Capability and Digital Resilience Agreements (4:02:49)
The department discusses a digital resilience agreement with Microsoft and efforts to promote sovereign Australian cybersecurity providers through procurement matchmaking and industry showcases.
Status of Australians in Al-Roj Camp (4:05:10)
Update on Australian citizens and families affiliated with Islamic State remaining overseas, specifically focusing on individuals in the Al-Roj camp.
Government Involvement in Repatriation Efforts (4:06:58)
Discussion on whether the government or third parties are facilitating the repatriation of remaining individuals from conflict zones to Australia.
Investigations and Charges for Returnees (4:08:48)
Information on the number of returned individuals charged and the status of ongoing investigations and court proceedings involving the AFP.
Monitoring Arrangements for Returning Cohorts (4:44:24)
Resumption of the hearing focusing on monitoring arrangements and partnerships with state governments for returning women and children from conflict zones.
CVE Programs for Returning Women and Children (4:44:25)
Discussion on the participation of returning women and children in Countering Violent Extremism (CVE) programs, including the role of state-level multi-agency panels and the National Support and Intervention Program.
Measures to Prevent Tarak Kamleh's Return (4:55:41)
Inquiry into government measures to prevent the return of Tarak Kamleh (Dr. Jihad) to Australia and the operational radar monitoring his activities overseas.
Negotiations on US Enhanced Border Security (4:57:30)
Officials discuss ongoing negotiations with the United States regarding the Enhanced Border Security Partnership (EBSP) and its potential impact on the visa waiver program for Australians.
Government Knowledge of Tarak Kamleh's Status (5:11:37)
Questions regarding whether the Australian government previously believed Tarak Kamleh was deceased and when they first became aware of his presence in an Iraqi prison.
Bondi Royal Commission Interim Report Recommendations (5:14:53)
An update on the progress of implementing recommendations from the Bondi Royal Commission's interim report, with the majority of tasks expected to be completed by December.
Counter-Terrorism and National Security Funding (5:16:55)
Discussion on budget increases and resource allocation for counter-terrorism and countering violent extremism functions within the Department of Home Affairs between financial years.
Review of Joint Counter-Terrorism Teams (5:19:35)
Findings from a review into the leadership, integration, and information-sharing systems of Joint Counter-Terrorism Teams (JCTTs) across various Australian jurisdictions.
Personal Data Requests Under EBSP Negotiations (5:25:05)
Continued questioning regarding the specific types of personal and biometric information the United States is seeking from Australia under the Enhanced Border Security Partnership.
US Visa Waiver Program Data Negotiations (5:25:07)
The committee examines negotiations with the United States regarding the Enhanced Border Security Partnership (EBSP), focusing on the validation of biometric data, criminal history, and passport information for visa waivers.
Data Privacy and Third-Party Access Concerns (5:36:28)
Senators question officials on whether Australian biometric data provided to the US could be accessed by third-party contractors like Palantir and the status of a final agreement.
Policy Responses to Transnational Repression (5:44:36)
Discussion on the government's response to recommendations regarding coerced repatriation offences and the establishment of a community hub to support victims of foreign interference.
Support Services for Diaspora Communities (5:47:22)
Officials address the underreporting of transnational repression due to fear and the limitations of current support services and law enforcement referrals for affected individuals.
Digital Security and Legislative Reform Options (5:54:05)
The committee explores the need for specialized digital security support for victims of tracking and the possibility of legislative changes to criminalize extraterritorial coercion.
Development of the Migration Reform Package (5:58:45)
Officials outline the timeline and internal departmental process for developing the comprehensive immigration reform package announced by the Minister.
Working Holiday Maker Visa Ballot System (6:02:44)
Discussion on the $12.9 million budget allocation for implementing a ballot system for Working Holiday Maker visas and the in-house IT development required.
IT Project Staffing and Delivery Timeline (6:06:47)
Discussion continues regarding the use of APS staff versus contractors for the migration IT project and the expected delivery of the ballot system by late November.
Multiculturalism Grant Funding and Election Commitments (6:10:10)
Senator Hanson questions the significant increase in multiculturalism grants, which officials attribute to election commitments and funding for groups targeted by antisemitism.
Community Language Schools and Social Cohesion (6:16:22)
Debate occurs over the value of taxpayer funding for community language schools and the role of multilingualism in Australia's economic and social landscape.
Asylum Seekers and Medicare Eligibility (6:21:15)
Senator Payman seeks data on asylum seekers on bridging visas who lack access to Medicare, particularly those undergoing judicial review of their visa status.
Protection Visa Refusals and Judicial Reviews (6:25:58)
Officials provide statistics on the number of individuals currently in the merits review or judicial review process following protection visa refusals.
Backpacker Visa Cuts and Agricultural Productivity (6:29:21)
Senator Blyth challenges the government's plan to reduce working holiday maker numbers, citing concerns about labor shortages and food security in the agricultural sector.
IT Implementation of Working Holiday Maker Ballots (6:54:12)
Officials discuss the $12.4 million IT build required to implement the new ballot system for Working Holiday Maker visas, focusing on system releases scheduled for November and the recruitment of contractors for software engineering.
Stakeholder Consultation on Backpacker Visa Changes (6:58:31)
The department details recent consultations with the National Farmers Federation and tourism industry groups regarding the design of the visa ballot system, emphasizing the need for simplicity and certainty for regional employers.
Migration Reform Modelling and Document Orders (7:03:06)
Senators inquire about the modelling used to forecast the impact of migration policy changes on the net overseas migration norm and the status of related orders for the production of documents.
PALM Scheme Visa Processing and Delays (7:04:23)
Senator Hanson raises concerns regarding visa processing delays for PALM scheme workers in Tasmania, resulting in financial losses for farmers, while officials clarify the role of labor hire companies in these specific instances.
Record Migration Levels and Student Visa Changes (7:10:29)
The committee debates the record high migration numbers following the pandemic and the government's new regulations to restrict secondary dependents for international students and temporary graduate visa holders.
Debate on Reducing Backpacker Migration Numbers (7:13:21)
A heated exchange occurs regarding the necessity of reducing backpacker numbers to meet migration targets versus the potential impact on regional workforces, including doctors and childcare workers.
Bupa Contract for Migrant Health Assessments (7:15:48)
Senator Pocock questions the exclusive contract with Bupa for onshore migrant health checks, the revenue generated by the provider, and the clinical governance rationale for using a single provider.
Health Check Costs for Protection Visa Applicants (7:22:02)
The discussion focuses on the financial burden placed on asylum seekers who must pay for health checks that are not grounds for visa refusal, with calls for more affordable solutions through local GPs.
Managing Working Holiday Maker Visa Growth (7:26:50)
Senator Roberts inquires about the 'go slow' policy for Working Holiday Maker visas. Officials confirm the strategy aims to moderate growth and stabilize processing times at three months while transitioning to a ballot-based system.
Restricting Student Dependents and Visa Hopping (7:30:59)
The committee discusses measures to reduce net overseas migration, including restricting student dependents and addressing 'visa hopping' where students shift between visas without completing courses.
Skilled Visa Processing Priorities and Directions (7:39:35)
Senator Duniam asks about the transition between Ministerial Directions 119, 121, and 122, which established new processing priorities for skilled visas to favor onshore applicants and specific high-priority industries.
Migration Targets and Housing Demand Modeling (7:41:47)
Discussion turns to the relationship between migration targets and housing demand. Officials clarify that while Treasury handles housing modeling, the Department works to align migration settings with economic needs.
Working Holiday Maker Ballot System Implementation (7:44:44)
Officials provide details on the upcoming ballot system for second and third-year Working Holiday Maker visas, including the 45,000 cap and the nominal $25 participation fee designed to prevent system abuse.
Compliance Measures and Visa Integrity Reforms (7:50:56)
Senator Roberts and officials discuss enforcement actions against unlawful non-citizens, including new funding for detention beds. The segment also covers deportation laws for hate preachers and reforms to student and maritime visas.
Working Holiday Maker Visas and NFF Consultation (8:05:32)
Discussion on the lack of industry consultation regarding working holiday maker changes and the subsequent partnership with the National Farmers Federation for priority harvest processing.
Ministerial Oversight of Expedited Harvest Processing (8:09:04)
Review of the formalized arrangement between the Department and the NFF to expedite 749 visa applications for the harvest season and the level of ministerial sign-off.
Economic Impact of Visa Ballots and PALM (8:13:01)
Analysis of the economic modelling for working holiday maker ballots and the role of the Pacific Australia Labour Mobility (PALM) scheme in supporting the agricultural workforce.
Transparency and Allocation of Multicultural Grants (8:18:51)
Intense questioning regarding the massive increase in multicultural grants, the use of closed non-competitive selections for election commitments, and the distribution of funds across electorates.
Partner Visa Delays and Direction 117 (8:29:41)
Discussion on the blowout in partner visa processing times to 23 months and the impact of Ministerial Direction 117 on prioritizing onshore over offshore applications.
Parent Visa Backlogs and Wait Times (8:46:03)
The committee examines the extreme wait times for parent visas, ranging from 18 to 42 years, and the high costs associated with contributory parent visa categories.
Special Envoy to Combat Antisemitism Statement (8:52:23)
Ms. Jillian Segal, the Special Envoy to combat Antisemitism, provides an opening statement addressing the rise of antisemitism in Australia and the need for a long-term educational strategy.
Local Government Summit and CAM Affiliation (8:56:13)
Questions are raised regarding the Special Envoy's role in a local government summit co-hosted by the Combating Anti-Semitism Movement (CAM) and the due diligence performed on the organization.
Digital Duty of Care and Online Safety (9:03:24)
The Envoy discusses her submission on the Digital Duty of Care Bill, specifically focusing on proposals to regulate anonymous accounts and algorithmic amplification to reduce online hate.
US Envoy Claims and International Engagement (9:07:02)
Discussion regarding claims made by the US Antisemitism Envoy that the Australian Envoy had been "sidelined," and the nature of briefings provided to foreign government officials.
Gaza Death Toll and UN Data Discrepancies (9:15:13)
The Envoy is questioned on her previous evidence regarding the Gaza death toll, specifically her claims that figures were inflated, which were contested by the United Nations.
Media Monitoring and Review Proposals (9:20:00)
The Envoy clarifies her position on establishing a mechanism to review ABC and SBS news coverage of the conflict in Gaza, advocating for an independent historical review.
Opening Statement on Combatting Islamophobia (9:21:29)
Special Envoy Aftab Malik delivers an opening statement addressing the experiences of Muslim Australians, the complexities of radicalization, and the physical threats posed by Islamophobia in the community.
Government Response to Islamophobia Recommendations (9:33:52)
Senator Shoebridge questions the Special Envoy regarding which 35 of the 54 recommendations in his report were accepted by the government, highlighting the lack of an itemized public list.
Legal Protections and Enforcement Gaps (9:40:27)
The discussion shifts to concerns from Muslim community groups regarding the absence of legal consequences and enforcement standards in the government's response to Islamophobia.
Conclusion of Special Envoy Testimony (9:46:57)
The committee concludes its questioning of the Special Envoy, acknowledging the scale of the task ahead before adjourning for a dinner break.