New laws passed after fourth former immigration detainee arrested
The government has passed new laws to allow the preventative detention of the “worst of the worst” among offenders released from immigration detention.
Labor passed the laws, sparked by the High Court’s ruling against indefinite detention, in a shouty parliamentary session late on Wednesday night, hours after a fourth former detainee was arrested.
Opposition immigration spokesman Dan Tehan slammed the government as “gutless” for not wanting to debate the motion, which was brought on after 9pm following a day of parliamentary tributes to deceased Labor MP Peta Murphy.
“What a shambles, what chaos,” Tehan said.
“You don’t even want to debate the number one priority of any government, to keep the community safe.
“You’re hiding. You’re hiding. It’s time the prime minister stood up.”
Questions over the bill dominated parliament this week as the Coalition sought to pressure the government over its response to the ruling, which resulted in the release of more than 140 detainees, including some convicted of murder and sex offences
The November 8 decision found detainees could not be kept in indefinite immigration detention where there was no prospect of being deported in the reasonably foreseeable future.
The new laws apply to non-citizens sentenced to a seven-year term or longer for a serious violent or sexual offence and legal experts expect a relatively small number of the released detainees to be affected.
Labor Leader of the House Tony Burke said the government had taken “swift action” to push through several law changes in the wake of the ruling and his department was already making applications to put some former detainees back behind bars.
“The preventative detention regime would allow for the court to detain the worst of the worst offenders,” he told the House last night.
“To be clear, it would not capture all the detainees released since the High Court decision. “This considered measured and responsible legislation will see individuals re-detained where a court is satisfied that the person poses an unacceptable risk of committing a serious violent or sexual offence.”
Some crossbench MPs criticised the government for rushing through the laws and the Greens attacked Labor for a “moral surrender” to the Coalition on the issue.
Labor has defended its actions from both sides as doing what’s necessary to protect the community.
Attorney-general slams reporter’s ‘absurd’ question
Attorney-General Mark Dreyfus fired up today when Home Affairs Minister Clare O’Neil was pressed on the matter during a press conference.
She was asked if the government owed an apology to people affected by the reoffending of those released from immigration detention.
O’Neil started to point out the High Court’s decision made it illegal to keep the cohort detained, before Dreyfus cut in when she was pressed further.
“You are asking a cabinet minister, three ministers of the Crown to apologise for upholding the law of Australia, for acting in accordance with the law of Australia, for following the instructions of the High Court of Australia,” he said, before objecting to the reporter’s attempts to ask a follow-up question.
“I will not be apologising for upholding the law.
“I will not be apologising for pursuing the rule of law and I will not be apologising for acting – do not interrupt – I will not be apologising for acting – I will not be apologising for acting in accordance with a High Court decision.
“Your question is an absurd one.”
Fourth former immigration detainee arrested
A 45-year-old Sudanese-born man’s arrest by Australian Federal Police at a Melbourne hotel today came hours before the new laws were passed.
The man was charged with breaching the curfew imposed under visa conditions issued following his release by allegedly travelling to Melbourne Airport on Friday and stealing luggage from a sleeping traveller.
He was taken into custody and scheduled to face Melbourne Magistrates’ Court tomorrow.
Another former detainee, Emran Dad, 33, was arrested in Dandenong on Monday after he allegedly breached his reporting obligations as a registered sex offender.
Dad was also charged with trespass in relation to a reported incident in Dandenong on November 24.
The federal opposition has alleged in parliament that Dad is the former ringleader of a child exploitation gang.
