Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

I thank the member for his question. In relation to the High Court's recent decision in the NZYQ matter, my colleagues the Minister for Home Affairs and the Minister for Immigration, Citizenship and Multicultural Affairs have been leading the government's response. As they have made clear in a number of public statements and in answers to questions in this place, the government has acted swiftly to ensure the safety of the Australian community.

The member's question does go specifically to the separation of powers. I'm minded to say that, as a former minister in the Bjelke-Petersen government, he might recall an exposition on that subject by the leader of that government. But, in the NZYQ matter, the Solicitor-General argued on the behalf of the Commonwealth government—on behalf of our government—that the detention settings in place were constitutionally valid. That was the Commonwealth's position. The High Court of Australia disagreed. The effect of the High Court's decision is that a number of individuals have to be released from immigration detention. When the High Court finds that individuals are being unlawfully detained, the government cannot ignore it, because the government—I know that those opposite find this difficult to understand—must act in accordance with the law. All governments must act in accordance with the law.

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