Senate debates

Monday, 27 November 2023

Questions without Notice

Immigration Detention

2:34 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

My question is to the Minister representing the Prime Minister, Senator Farrell. Your government has today admitted that over 140 detainees, including paedophiles, rapists, murderers and a contract killer, have been released into the Australian community following the recent High Court decision. How many more detainees does the government expect to release before Christmas?

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I thank Senator Cash for her question. She does correctly identify the number of people that have—

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

That's good to know. Thanks!

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I'll give credit where credit's due. It's so infrequent, Senator Cash, that it's worth observing. But the government has responded very quickly to the issues that have arisen as a result of the decision of the High Court last week. We have done this in a very quick and prompt fashion. I have to—

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

It's a point of order in relation to relevance. The question was in relation to how many you intend in releasing in the lead-up to Christmas.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

And there were a few sentences before then that went to how many had been released, and that's the part the minister's responding to, but I'll continue to listen carefully. If the whole question isn't addressed, I'll draw that to the minister's attention.

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

As I said, I did acknowledge that 141 people have been released. Of course, the actions of the government in seeking to address the failures of the legislative program under the former government will hopefully lead to a situation where we can properly address this situation. We've introduced strong laws designed to protect the Australian community, and of course, as we've heard today, the minister has boosted funding for the ABF, the AFP and the CDPP to enforce these laws—

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Again, it's a point of order in relation to relevance. With all due respect, over one minute and 30 seconds in, the question is: how many more does the government expect to release before Christmas?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

I will draw the minister to the second part of your question, Senator Cash.

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I just don't think Senator Cash is listening to my response. What the government has done—and, to their credit, it's with the support of the opposition—is introduce laws that— (Time expired)

2:37 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Minister your government has today admitted that four detainees have refused to have tracking devices attached to them. Have any of these detainees been charged with breaching the new criminal provisions of the Migration Act? Are any of them now being held in custody? And is one detainee's whereabouts unknown to authorities?

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I thank Senator Cash for her first supplementary question. My understanding is that the individuals that you're talking about have been referred to the police, for action to be taken by the police in respect of these matters. Had your legislation, the legislation that Mr Dutton rushed through the parliament without due consideration for the cost—

You of all former ministers in this place, Senator Cash, should have understood the consequences of trying to pass unconstitutional pieces of legislation which, sooner or later, the High Court was going— (Time expired)

2:38 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Minister, how long before these dangerous criminals were released into the community were state governments briefed by the federal government about their imminent release?

2:39 pm

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

(—) (): I thank Senator Cash for her second supplementary question. As I understand it, there have been regular briefings between the relevant Commonwealth bodies, whether it be Border Force or it be the Australian Federal Police, and the state and territory governments. We have ensured that they be kept up to date with any developments. I will go through some of the things that have in fact occurred. Prior to the High Court decision, senior ABF officials briefed local state and territory police counterparts on the possible implications of the case. So in the event that it was an adverse decision, they were briefed. We established an Operation Aegis in November to manage the overall response. (Time expired)