House debates Questions without Notice

Immigration Detention

Tuesday, 14 November 2023 House of Representatives

Dan Tehan

Dan Tehan Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship

2:37 pm

My question is to the Minister for Immigration, Citizenship and Multicultural Affairs. When did the minister seek advice about a legislative fix to the High Court decision?

Andrew Giles

Andrew Giles Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs

2:38 pm

Thank you, shadow minister, for your question. Immediately after the decision, we sought advice on its implications. In the days—

Unidentified interjection - Hansard doesn't record who said this

Opposition Members:

Opposition members interjecting—

Milton Dick

Milton Dick Speaker

Order! The minister will pause. The question has been asked in silence; I want to hear the answer in silence as well. I give the call to the minister.

Andrew Giles

Andrew Giles Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs

We sought advice on its implications, and that advice contemplated the work that was done in advance of the decision in contemplation of it. I've spoken on at least three occasions, as has the Minister for Home Affairs, about some of the practical steps we sought to have in place in the event of an adverse judgement. We also sought advice prior to the hearing on the options that would be available, depending on the various outcomes of the decision.

I remind the shadow minister—and, indeed, all members—that we're yet to receive the reasons for the High Court decision. However, as I said yesterday morning, and as my statement together with the Minister for Home Affairs said earlier today, we have always been looking at all regulatory and legislative options which are available.

Milton Dick

Milton Dick Speaker

The minister will pause. Member for Wannon, this had better be on relevance or another point of order.

Dan Tehan

Dan Tehan Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship

Mr Speaker, the question was, 'When'—

Dan Tehan

Dan Tehan Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship

No, relevance. Relevance. The question was—

Milton Dick

Milton Dick Speaker

You're supposed to say, 'I'm rising on a point of order. It's on—'. Had the minister concluded his answer? He's concluded his answer. I just remind the member for Wannon: if you get the call, always state what the point of order is. Don't just start saying what you feel.