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 and say, once again, it was the decision of the High Court that required the release of the individuals that are the subject of his question. I remind him again that our top priority has been, and remains, keeping Australians safe through four layers of protection as well as the wider framework, which of course includes the community safety order and preventative detention regime.

I'm pleased that members opposite joined us in putting in place this regime before Christmas, and I thank them for their support in the House. I remind them too that our scheme is modelled, as proposed by members opposite, on their own high-risk terrorist offender scheme. And I remind them, including the Leader of the Opposition, who was the minister at the time, that it took more than three years for the first continuing detention order application to be lodged under the high-risk terrorist offender scheme.

We are preparing applications and we are making sure, as the evidence of Ms Sharpe made clear in the Senate estimates yesterday, that we will do so properly. And as Senator Paterson pointed out, back in 2021, 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.

It's a serious piece of work to be done. That is why we are taking it seriously, to ensure applications are made properly.

And it isn't just Senator Paterson who made this point. Indeed, this morning a prominent member of the opposition said this:

Well, of course we are all aware there is a higher threshold, and we knew that before we put the legislation through the parliament before Christmas.

That was the member for Wannon.

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