Sussan Ley (Farrer, Liberal Party, Shadow Minister for Women) Share this | Link to this | Hansard source

My question is to the Minister for Immigration, Citizenship and Multicultural Affairs. Among the hardcore criminals released into the Australian community by the Albanese Labor government are brothers Juma and Zackaria Chol. They have been in detention since 2014, where they have been held for fracturing a man's skull with a baseball bat. Their visas were cancelled by the former coalition government. The minister has had six months to respond and to draft legislation that would have prevented these individuals being released. Why did he fail to act for the safety of Australians?

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

I want to hear from the Leader of the House to make sure we get this question right. Leader of the House.

Mr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Mr Speaker, you made a ruling earlier in the week with respect to the fact of the High Court's role in this. Questions were previously adjusted as a result.

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

To assist the House could the Deputy Leader of the Opposition phrase it consistently, as we did the other day.

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

On the point of order, Mr Speaker, just so we are very clear of the circumstances: the minister has a personal decision to make in relation to each of the individuals. In the Solicitor-General's submission to the High Court in relation to this matter 92 cases were referred to. So, to put beyond doubt the minister's responsibility here, the minister originally took the decision to release 82 of the 92. He has now released two further individuals, so 84 out of the 92 have been released. The minister is exercising his discretion to retain eight in custody—

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

This is—

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

No. It is an important point, Mr Speaker, because it goes to the very point made by the Leader of the House. This is a decision that ultimately is made by the minister for immigration so, therefore, the proposition put to you by the Leader of the House is completely and utterly fallacious.

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

That's not a point of order. It went further than the question. We dealt with this issue the other day. For consistency—and the Deputy Leader of the Opposition has indicated she is happy to rephrase the question—and to assist the House and make sure the question is in order—

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

There is no basis on which you can rule that the question is out of order.

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

The Leader of the House.

Mr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Mr Speaker, to the point of order: you made a ruling a couple of days ago on this. The ruling asked the member to rephrase the question. That was what the Speaker ruled should happen. That was not contested by anyone. It's simply a case of including in the question a reference to the High Court and then question time can move on.

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

At the time when I made that decision it was complied with. There was no contest or question at the time. I'm just asking that to assist the House so that we can deal with the question and have the answer—

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

Can I add to it, Mr Speaker?

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

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, it's always our instinctive default position to be of assistance to you and to the good order of this House. I think we've demonstrated our very significant track record in that regard. However, on this occasion the Leader of the House for his own political purposes is asking to dictate the composition of our questions, and that is not something that we will tolerate. If your ruling is that this question is out of order then that is a ruling that is open to you. But I put to you, Mr Speaker, that the question is in order. It's in accord with the standing orders and it reflects the reality given the minister's personal decision-making capacity in relation to the 84 and the other eight that are under consideration now. As it turns out, we were advised today that another 340 hardened criminals are likely to be released beyond the 92.

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

Let me hear the question again, as it was read.

Sussan Ley (Farrer, Liberal Party, Shadow Minister for Women) Share this | Link to this | Hansard source

My question is to the Minister for Immigration, Citizenship and Multicultural Affairs. Among the hardcore criminals released into the Australian community under the Albanese Labor government are brothers Juma and Zackaria Chol. They have been in detention since 2014, where they have been held for fracturing a man's skull with a baseball bat. Their visas were cancelled by the coalition government. The minister has had six months to respond and to draft legislation which would have prevented these individuals being released. Why did the minister fail to act?

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

I will allow the question.

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

I thank the Deputy Leader of the Liberal Party for her question. The safety of the community has been, and remains, the utmost priority of this government. That was the case before the decision of the High Court, which was on Wednesday of last week, and that is why, today, we have introduced urgent legislation to strengthen visa restrictions and impose criminal penalties on noncitizens where necessary to keep Australians safe. All of us in this place and in the other place have a decision to make later on today: whether we can work together to keep communities safer, or stand in the way of swift and effective action.

Opposition Members:

Opposition members interjecting—

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

Order! Members on my left. The member for Groom is warned.

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

This shouldn't be a difficult choice. This legislation should be above politics, as should be the response more broadly.

And I want to make one additional point. Starting well before the decision was handed down, our border protection and law enforcement agencies have been working to make sure that the toughest possible conditions were in place.