Senate debates Questions without Notice

Immigration Detention


Michaelia Cash

Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations

2:54 pm

My question is to the Minister representing the Prime Minister, Senator Wong. Minister, why did the Minister for Home Affairs fail to prepare for an expected High Court loss and then falsely claim she was advised the government would win?

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

2:55 pm

I don't accept the propositions in the question.

I know, Senator Cash, that you would like me to agree with every proposition you put to me, but I've found, over the time you've been here, that that is not actually a very sensible practice. What I will say—

Bridget McKenzie

Bridget McKenzie Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development

That's impugning.

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

She puts things to me. She's allowed to. I'm allowed to say no. That's how it goes. That's what we do. What I would say to the senator is that we know that we have been confronted with not one but two, actually, High Court decisions which have struck down laws that either were put in place by you or—

Anne Ruston

Anne Ruston SA, Liberal Party, Shadow Minister for Health and Aged Care

So the minister can say whatever she likes.

Sue Lines

Sue Lines President

Senator Ruston!

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

put in place by you—

Opposition senators interjecting

Sue Lines

Sue Lines President

Order on my left!

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

It is good, isn't it? They concede that they put these laws in place—the ones that've been struck down—

Sue Lines

Sue Lines President

Minister Wong, please resume your seat.

Opposition senators interjecting

Order on my left!

Michaelia Cash

Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations

Why did she say, with respect—

The:

Senator Cash, I'm calling you to order and I'm calling those on my left to order. The question has been asked; the minister is answering it.

Sue Lines

Sue Lines President

Senator Ruston! Order!

Order! Senator O'Sullivan, you're not in a debate with me. I am simply asking you to be respectful and stop interjecting. Minister Wong.

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

I know that those opposite don't like to be reminded that the laws that were struck down were laws that Mr Dutton had put in place or schemes that he'd put in place, but that is the case. The point I'd make is that you don't make Australians safer by shouting or by putting in place laws which the High Court strikes down, but that seems to be Mr Dutton's approach.

Opposition senators interjecting

That seems to be Mr Dutton's approach. We have made sure—

Sue Lines

Sue Lines President

Minister Wong, please resume your seat. Once again, order on my left!

Tim Ayres

Tim Ayres NSW, Australian Labor Party, Assistant Minister for Trade

All so angry, so angry.

Sue Lines

Sue Lines President

Senator Ayres! Minister Wong, please continue.

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

Thank you. The government have, at all times, made community safety our first priority. Do you know what those opposite have made their first priority? Their political interest. You can always count on the coalition and you can always count on the Liberal Party to put their own political interests first. You can always count on Mr Dutton to put his own political interests first. Of course, please do ask me another question, because I want to get to the fact that you voted with the Greens against strengthening the laws.

Michaelia Cash

Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations

2:57 pm

The Minister for Home Affairs claimed urgent laws to address this crisis weren't necessary—until the coalition wrote them for her. Despite your government's desperate and pathetic attempts to blame the opposition, isn't it true that this detention crisis is entirely of your own making?

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

2:58 pm

I would remind those opposite that the—

Sarah Henderson

Sarah Henderson Victoria, Liberal Party, Shadow Minister for Education

That you let them out.

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

I'll take that interjection. Yes, we complied with the High Court decision. I know that those opposite asked—

A government senator: They want a bit of robodebt.

A bit of robodebt—that's what you want to do, isn't it? You want a government that doesn't comply with the law. But what we have done is put in place a stronger legislative framework to assure community safety. That's in stark contrast to what occurred in the House yesterday, or the day before, when Mr Dutton, despite beating his chest about how tough he is and how much he cares about community safety, voted with the Greens against legislation which was about strengthening visa conditions. So, every time you talk tough on this, let everybody know Senator Cash's party voted with the Greens against stronger conditions.

Honourable senators interjecting

Sue Lines

Sue Lines President

Order! The level of shouting and disorder in this chamber—from both sides, but particularly from my left—is quite disgraceful. There is little point in me calling for order and trying to shout louder than those who are shouting. I'm asking you to be respectful. I'm asking you to listen in silence. I should not have to repeatedly call for order. Senator Cash, a second supplementary?

Michaelia Cash

Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations

3:00 pm

The Minister for Home Affairs claimed the coalition's preventive detention proposal was 'utterly impossible', but then she said the parliament would rise without legislating it. Now, the minister can't or won't explain how one of the 141 criminals she released managed to avoid the authorities. Why is the minister's job safe when the Australian public is not?

Unidentified interjection - Hansard doesn't record who said this

Hon. Senators:

Honourable senators interjecting

Sue Lines

Sue Lines President

I'm not going to call the minister until there is silence. Senator Brown, that applies to you. Order!

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

What we do know about those opposite is, when it comes to national security, they look for political advantage, but they never offer solutions. Did you know that Mr Dutton intervened, as the then minister for immigration, to allow—

Unidentified interjection - Hansard doesn't record who said this

Opposition Senators:

Opposition senators interjecting

Sue Lines

Sue Lines President

Minister Wong, please resume your seat. I would expect that, when I ask for silence in this chamber, it will be respected. I should not have to sit the minister down. I should not have to repeatedly remind senators in here that shouting is completely disorderly. It is not your role to shout louder than the person responding, whether you like it or not. It is your role to sit in silence, and that is what I expect.

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

Mr Dutton intervened as the then minister for immigration to allow the convicted paedophile at the centre of the High Court case, NZYQ, to apply for a new visa in 2016. Instead of seeking to remove him from Australia, he made a decision that enabled the convicted person to stay in Australia. So he was in Australia until the day the High Court made the decision because of a decision of Mr Dutton's.

Honourable senators interjecting

Sue Lines

Sue Lines President

Minister Wong, please resume your seat. Order! Minister Wong, I have Senator Hanson-Young on her feet.

Order! Senator Paterson! I'll remind you all that Senator Hanson-Young through stood halfway through those incredibly loud and rude and disrespectful interjections, particularly from those on my left. Senator Hanson-Young, I suspect I can guess what you're going to call your point of order on, but please go ahead.

Sarah Hanson-Young

Sarah Hanson-Young SA, Australian Greens

Thank you, President. You've made my point of order for me.

Penny Wong

Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs

I ask that further questions be placed on notice.