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

I thank the shadow minister for his question, again. It is worth restating for his and for all members' benefit that the release of these individuals was required by the decision of the High Court in November last year and would have been required under any government. Since then, we have been working around the clock to ensure the community is kept safe. We have done so by putting in place four layers of protection, one of which is, of course, the regime that was the subject of legislation that was put through the parliament at the end of last year that provides for preventative detention and ongoing supervision orders.

I'm sure the shadow minister, like the Leader of the Opposition, would be aware that this is modelled on the high-risk terrorist offenders scheme. He may well be aware that it took more than three years for the first continuing detention order application after that regime was enacted. Three years and 10 months was the shortest period of time for an application to be made to the court under members opposite under the regime from him and other members, including the Leader of the Opposition, who was the minister responsible for putting in place the high-risk terrorist offenders regime. I think we can see this question in that light and also in another light, and this is something that all members should be aware of—something that Senator Paterson pointed out. He said there is 'a very high legal threshold to be met for a court to agree to the ongoing detention of an offender who continues to pose an unacceptable risk'. This is exactly why we need to treat this with the caution and determined application it deserves.

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