Peter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | Link to this | Hansard source

My question is to the Acting Prime Minister. Would the Acting Prime Minister be able to provide an update to the House in relation to the release of 84 hardcore criminals from the department of immigration?

Richard Marles (Corio, Australian Labor Party, Minister for Defence) Share this | Link to this | Hansard source

I thank the Leader of the Opposition for his question. On 8 November, the High Court ruled in the case of NZYQ, the Minister for Immigration, Citizenship and Multicultural Affairs and others. It was a decision which was made against the arguments that were put forward by the Commonwealth government. The consequence of the decision was the release of the individual referred to in the case along with 83 other individuals into the community. It is fair to say that, since the moment of the High Court's decision, there has been a significant degree, understandably, of anxiety within the community about the release of these individuals into the community, given the nature of offences that many of these individuals had committed at points in time in their lives. The government, in releasing those individuals, put them on bridging visas, where there were strict conditions. But we made clear that we would look at every option available to us, including legislative options. This morning, we introduced into the parliament the Migration Amendment (Bridging Visa Conditions) Bill 2023. This represented the most legally robust proposition, which would put forward the strictest conditions—as the government saw it—in respect of these 84 individuals.

Since then, we have been working cooperatively with the opposition around amendments to this piece of legislation. I want to say upfront that I commend the Leader of the Opposition and thank him for the spirit in which he has worked with the government in relation to amending this legislation. I want to say that there are six amendments that the opposition has put forward: the first is in relation to making curfews and electronic monitoring conditions mandatory, not discretionary; the second is requiring visa holders not to perform work or participate in any regular organised activity that involves contact with children; the third is requiring visa holders not to go within 150 metres of a school, childcare centre or daycare centre; the fourth is ensuring that each day of a breach of a visa condition will be treated as a separate offence; the fifth is, if there is a visa holder who has been convicted of an offence involving violence or sexual assault, allowing the minister to put in place a no-contact condition in respect of that individual; and the sixth is to establish mandatory minimum sentences in respect of those that breach this bill. The government agrees with these amendments in principle and is working with the opposition to establish the precise amendments that will be put to the bill in the other place.

The basis on which we are doing this is that we are in a position where this must be resolved immediately. So this has been done on the basis that it passes this parliament today—it passes the Senate this afternoon and passes this House later this evening. This has been a matter of controversy and political debate in the public and, indeed, in this chamber.

But I do want to say that, despite that, what we have seen in the last few hours in the way in which we have cooperated across the aisle demonstrates that, notwithstanding differences and debate, Australians can look to their political leaders and their legislators as people who will act in their interests and work together to keep the community safe. I believe that everyone who has been elected to this parliament comes here with the sincerity of representing the national interest. Central to that is maintaining the safety of the community. What we have been able to agree on today is an embodiment of that spirit on behalf of all of us.

Angie Bell (Moncrieff, Liberal National Party, Shadow Minister for Early Childhood Education) Share this | Link to this | Hansard source

My question is to the Minister for Immigration, Citizenship and Multicultural Affairs. One of the hardcore criminals who has been released into the Australian community is Mohammad Rafiq, who has been convicted of both rape and sexual assault. On hearing of him being released into the Brisbane community, his victim said that she started crying immediately and felt a numbness. Has the minister or his department contacted this victim to provide her with any reassurance, assistance or support?

Andrew Giles (Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs) Share this | Link to this | Hansard source

I thank the member for Moncrieff for her question. My thoughts, and I'm sure the thoughts of every member in this place, are with that victim, and with all victims who are or who may be affected by these issues. But, of course, as she would appreciate, I can't comment on individual cases.

What I can say, though, is that the Department of Home Affairs is, and has been, engaging closely with state and territory enforcement agencies, proactively sharing information. Starting well before the decision in the current case was handed down, our border protection and law enforcement agencies have been working together to make sure that the toughest possible conditions have been placed on these individuals. It's also incumbent on our state and territory law enforcement agencies to enforce existing state and territory requirements and orders which have been put in place with regard to individuals—

Milton Dick (Speaker) Share this | Link to this | Hansard source

The minister will resume his seat. The Leader of the Opposition on a point of order.

Peter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | Link to this | Hansard source

Mr Speaker, reluctantly, I raise a point of order, on relevance. I have respect for the minister's contribution which he has made to date, but this is a very sensitive issue. If the minister or his department haven't contacted the victim, would he commit, or undertake, to make such contact, given the sensitivities and obvious vulnerabilities that this individual is feeling?

Milton Dick (Speaker) Share this | Link to this | Hansard source

I'll just ask the minister to continue.

Andrew Giles (Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs) Share this | Link to this | Hansard source

Unfortunately, as I said, I'm not in a position to comment on individual cases. But I can assure the Leader of the Opposition, the member who asked the question and the House that I will endeavour to put in place all the appropriate arrangements to demonstrate the highest level of concern that we have for safety. But, as I was saying, in this area it is incumbent on the state and territory law enforcement agencies to enforce those existing orders. Those existing orders include parole conditions, intervention orders and sex-offender-registration reporting obligations, amongst local law enforcement options.

And, further to the answer by the Deputy Prime Minister: each of us in this place and in the other place has an opportunity to come together to make a difference—to impose even tougher requirements on all those affected so that we can come together to ensure community safety.