Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

My question is to the Minister representing the Prime Minister, Senator Wong. Minister, this week we learnt that a detainee that your government released into the community had been charged with nine offences, including failing to comply with reporting obligations by contacting a child without reporting it to the police. It was also alleged he used a mobile phone service and created email, TikTok, Instagram and Bigo accounts without informing the police. This detainee was jailed in 2012 for running a prostitution syndicate that preyed on children in state care and once traded a packet of cigarettes for sex with a 13-year-old girl. My question is this: will your government apply for a community safety detention order in relation to this detainee?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Senator, first—and thank you for the question—I think all of us are horrified to read of some of this individual's offending history. As I said yesterday—and I hope this is above politics—everyone in this chamber, all of us, want our children to be safe. I would demur, or take issue with, again, the wording of your question, Senator Reynolds. The coalition—because you are focused on a political fight, not on fixing this—continue to suggest that it is a choice of the government to release these individuals.

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

Well, it is.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cash!

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

Will you apply for a community detention order?

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cash!

Senator Cash, you're not arguing with me. I am calling you to order. Minister Wong, please continue.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I again say those opposite continue in their attempt to make this a political issue, using words, which they know to be incorrect, which suggest that the government made a choice. The government did not make a choice. The government had—

Sue Lines (President) Share this | Link to this | Hansard source

Order! Senator Wong, please resume your seat. Senator Reynolds?

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

Thank you, Madam President. I have a point of order on relevance. Well over a minute into the answer, the minister has come nowhere near answering the very specific question of whether the government will apply for a community safety order.

Sue Lines (President) Share this | Link to this | Hansard source

Thank you, Senator Reynolds. There was a preamble to your question, and the minister is being entirely relevant to the question.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you, and I again make the point that Senator Reynolds chose in her question to use a form of words that Senator Cash and others have used in an attempt to politicise this issue and to suggest that it is a government's choice. It is not a government's choice. This decision—

Opposition senators interjecting—

No, this decision was imposed on us by the High Court.

Sue Lines (President) Share this | Link to this | Hansard source

Minister, please resume your seat. Senator Reynolds?

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

Again, I rise on a point of order. It was a very specific question, and the minister has 24 seconds less. The question was: will they be applying for the order?

Sue Lines (President) Share this | Link to this | Hansard source

Senator Reynolds—

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

The minister has come nowhere within cooee—

The:

Senator Reynolds—

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

of answering the question. I would very—

Sue Lines (President) Share this | Link to this | Hansard source

Senator Reynolds, this is not a time for you to make a debate with me. Resume your seat. Senator Reynolds, you are disobeying my request. The point of order was exactly the same as the point of order you made before. The minister is—

Opposition senators interjecting—

Order! Do not interject against me. A senator has a right to call a point of order. It's a short, sharp request. It is not a statement. I didn't ask you to relitigate the question. The point of order was exactly the same as the one you made before, and my ruling is exactly the same, and that is that the minister is being directly relevant to your question.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

When these laws are finalised in the parliament, the parliament and the government will have fixed the mess which Mr Dutton left, and these detention orders can be sought.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Reynolds, first supplementary?

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

Given the complete lack of accountability to the people in the community, who will now want to know whether this community safety order has been granted, I've got a second question, but I suspect that the minister will not answer this one either. Minister, last week we learnt that another detainee your government released into the community has been charged with indecently assaulting a woman in South Australia. He was a convicted sexual predator who was once labelled by a judge as a danger to the community. Will there be a community safety order on this one? (Time expired)

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

First, I again say that the opposition continue to formulate their questions in a way that seeks to attribute more politics to this. I again say to the senator—and she might want to consider her final supplementary—that the decision of the High Court was imposed on the government. The government did not make a choice. The government did not make a choice to release others. I understand that in their attempt to—

Sue Lines (President) Share this | Link to this | Hansard source

Senator Reynolds?

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

Again, a point of order on relevance. My question was very clearly about whether they'll apply a community safety detention order. It was very clear, and again the minister is refusing to be accountable to the community in South Australia about this released criminal.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Reynolds, you are now getting into argument and statement. Your point of order also referred back to the primary question, and the minister is entitled to answer the whole of the question, including the comments you made in the opening statements. The minister is being entirely relevant.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I again make the point that the parliament will, by the end of today, I hope, have resolved not one but two of Peter Dutton's laws which were found to be unconstitutional. That will ensure that ministers can make decisions, as appropriate, under a constitutionally effective regime.

Opposition senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Minister Wong, I do remind you to refer to others—

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Mr Dutton.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Reynolds, second supplementary?

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

When will the first community safety detention order be sought by your government and how many detainees has the government determined to seek orders over, including those who were the subject of my first two questions?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I would make the point—and this demonstrates yet again that those opposite want to fight, not fix—that the opposition was specifically briefed on the risks associated with prejudicing a case by talking about specific individuals. But, despite that, they have continued to ask questions in this place. You were specifically briefed. It really demonstrates that you are much more interested in making political points and fighting than fixing this.

Sue Lines (President) Share this | Link to this | Hansard source

Minister Wong, I have Senator Reynolds on her feet.

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

Again, a point of order on relevance: 30 seconds in, the minister again, for a third time, has not come close to answering a question without a preamble. The minister is now implying that this question is out of order.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Reynolds, you have called your point of order.

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

It is a question I believe is not out of order. I seek your ruling.

Sue Lines (President) Share this | Link to this | Hansard source

I've asked you a couple of times not to go into a long statement. The minister is being relevant to your question and is explaining how and in what circumstances the question can be answered.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Through you, President: no, Senator, I'm not implying the question is out of order. What I am asserting is that you have been briefed on the legal prejudice which might apply to matters when you deal with specific individuals in this way. Secondly, if you really cared about people being safe, you would not prejudice applications for detention orders in this way.

Opposition senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Minister Wong, please resume your seat. Senator Reynolds?

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

Given that the minister has now failed to answer three questions in a row, I ask that—

Sue Lines (President) Share this | Link to this | Hansard source

Senator Reynolds, is this—

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

My point of order is that I'd like a ruling on what the minister has just said, because she has clearly indicated that this is out of order, which is why she's not answering it. Could I seek your ruling on why the minister is saying she can't answer it?

Sue Lines (President) Share this | Link to this | Hansard source

Senator Reynolds, please resume your seat. As you know, it's not the role of the President. I can't put words into the minister's mouth. I can't direct the minister to use particular words or phrases. I have to listen to the whole of the minister's answers, and the minister has been relevant. She may not be giving you the answers you want, but the minister is being relevant. She was relevant to your primary, your first supplementary and the second supplementary.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I'm not implying the question is out of order. I'm directly stating that prejudicing an application is not what you would do if you cared about community safety. I am absolutely stating that.