The Law Council of Australia has criticised the federal government for fast-tracking significant immigration legislation without adequate consultation or scrutiny.
The Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025, introduced last week, is being examined by the Senate Legal and Constitutional Affairs Legislation Committee in an abbreviated hearing scheduled with just 24 hours’ notice. Only officials from the Department of Home Affairs are expected to give evidence.
Law Council President Juliana Warner said the process fell short of basic standards of transparency and accountability. She noted that earlier this year the Council had circulated a “Best Practice Legislative Checklist” to remind parliamentarians of the minimum checks and balances needed for sound lawmaking.
“This Bill continues the troubling trend of rushing through important legislation without proper opportunity for input,” Ms Warner said.
The Council raised particular concerns about the Bill’s implications for procedural fairness and natural justice, warning it could undermine the rule of law. Of note were provisions allowing the removal of non-citizens to third countries where they may be vulnerable to further deportation, inadequate health care, or other risks.
The retrospective application of certain provisions also alarmed the Council. “Even if legislation of this kind is considered necessary, it should operate prospectively, not retrospectively,” Ms Warner said, adding that retrospective laws create uncertainty and instability for affected individuals.
The Council has urged the government to adopt a more open and consultative approach to lawmaking, stressing that robust scrutiny is essential when legislation has such far-reaching consequences for vulnerable people.
