House debates

Thursday, 30 November 2023

Questions without Notice

Immigration Detention

2:53 pm

Photo of Tracey RobertsTracey Roberts (Pearce, Australian Labor Party) Share this | | Hansard source

My question is to the Minister for Home Affairs. What steps is the Albanese Labor government taking to resolve the issues created by the High Court decision in NZYQ, and is the minister aware of any opposition to these approaches?

Photo of Clare O'NeilClare O'Neil (Hotham, Australian Labor Party, Minister for Home Affairs) Share this | | Hansard source

We have seen two very different approaches across the parliament since the NZYQ decision—

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

The member for Page is warned.

Photo of Clare O'NeilClare O'Neil (Hotham, Australian Labor Party, Minister for Home Affairs) Share this | | Hansard source

and we just saw that on display with that truly pathetic attempt—that truly pathetic stunt to again politicise what our government regards as a serious national security concern for the country.

At every turn in the way the government has handled this matter we have focused on one thing, and one thing only, and that is the safety of the Australian community. Meanwhile, what we have seen are constant and pathetic attempts—

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

I ask that the minister pause. I ask the member for Wright to resume his seat. The minister, in continuation.

Photo of Clare O'NeilClare O'Neil (Hotham, Australian Labor Party, Minister for Home Affairs) Share this | | Hansard source

What we've seen is a deep contrast with the opposition, who have tried at every turn to duck, weave and find some way to make politics out of this decision.

Now, you would think that the work that our government has tried to undertake to protect the community would be supported across the chamber, but we have seen and heard some absolutely extraordinary things in the last three weeks. On Monday we saw the opposition, led by the Leader of the Opposition, come into the chamber and vote to protect paedophiles over children. That's what they did. They came in here and, instead of supporting Labor's attempts to criminalise paedophiles who loiter near daycare centres and schools, the Leader of the Opposition came in here and played politics.

And that wasn't it. The work that the government was doing with that bill was not just about protecting children from paedophiles. It was also doing things like criminalising people who are violent domestic abusers who contact their victims. How could the opposition not support that? And yet, for politics and politics only, they came into the chamber and voted against it.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! The minister will pause. The member for Fadden is on a warning. That means you don't interject, so you'll leave the chamber under 94(a). It's the same for anyone else on a warning, which are the members for Barker and Deakin, the Deputy Leader of the Opposition, the member for Page and the Minister for Skills and Training. The minister has the call.

The member for Fadden then left the chamber.

Photo of Clare O'NeilClare O'Neil (Hotham, Australian Labor Party, Minister for Home Affairs) Share this | | Hansard source

But that wasn't it. We saw the opposition come in and try to support paedophiles over children and support domestic abusers over their survivor victims. What we have also seen this week is an unspeakable lack of leadership from the Leader of the Opposition in calling to attention the behaviour of one of his front bench.

Honourable members interjecting

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! The minister will pause. There's far too much noise. We're going to do this one at a time. This goes to the issue that I can't hear because there's far too much noise. I understand there's an issue at hand, and I'll deal with it. I give the call, on a point of order, to the member for Deakin.

Photo of Michael SukkarMichael Sukkar (Deakin, Liberal Party, Shadow Minister for Social Services) Share this | | Hansard source

I request that you demand the minister withdraw that disgusting slur that she's repeated on a number of occasions. It is below contempt that the minister, in an attempt to protect herself, would throw disgusting smears like that—

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! Resume your seat. On the point of order, I'll hear from the Leader of the House.

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

As a precedent as to why this should be in order, when Speaker Smith was Speaker, a member referring to the then shadow Attorney-General said this:

He stands up instead for the criminal.

It was considered to be in order. The person who made that statement is now the Leader of the Opposition.

Honourable members interjecting

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! I'm just going to ask all members and—the member for Deakin on the point of order?

Photo of Michael SukkarMichael Sukkar (Deakin, Liberal Party, Shadow Minister for Social Services) Share this | | Hansard source

It's a clear reflection on members. 'Protecting paedophiles' is something that should not come out of any minister's mouth.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

The Leader of the House on a point of order?

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

To the point of order: it's extraordinary that we're having this discussion after the motion that was just moved. Beyond that, what the minister referred to was the impact of a vote that members took. She has precisely described the impact of that vote.

Honourable members interjecting

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! There are two points I want to make on this. First of all, before this moment occurred, I just addressed the House and said there was far too much noise and there were people on warnings. If you want me to hear everything that is said, it's really simple: don't interject. I'm going to ask the minister to make sure her language is tempered and to make sure that she is not reflecting on members. At the same time, I'm going to ask all members to reflect on their behaviours and standards that have been occurring this week. The Leader of the Opposition?

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

I would ask that you request the minister withdraw the reflection that was made on members on this side of the House. As I said before, with all respect to you, I don't believe it's an issue, frankly, that needed to be drawn to your attention, because I was anticipating your ruling. I would ask that you rule accordingly.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

The Leader of the House?

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

Mr Speaker, to the point of order: only a moment ago the Leader of the Opposition took a decision that had been made by the High Court, not by the government, and made reflections on the government with respect to 'child rapists, murderers, people smugglers, drug dealers and outlaw motorcycle gang members'. That goes further than anything the minister just said. So, if there's going to be—and I'd say there ought not be—a withdrawal from the minister, there are about seven or eight withdrawals that would immediately have to happen from someone with a glass jaw who can dish it out but can't take it.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

The Leader of the Opposition on the point of order?

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

To the point of order and the point that the Leader of the House raised, to quote what I said, and in context—this is the direct quote of the words I used in the motion—it reads: 'The government released child rapists, murderers, sex offenders, people smugglers, drug dealers and outlaw motorcycle gang members.' That is a statement of fact.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

The member for Deakin on the point of order?

Photo of Michael SukkarMichael Sukkar (Deakin, Liberal Party, Shadow Minister for Social Services) Share this | | Hansard source

At present, without a withdrawal, every member on this side of the House is accused of protecting paedophiles. Think about that. It would be extraordinary that that would be allowed in this chamber, and I request again that the minister not only withdraw but apologise.

Honourable members interjecting

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! There is far too much temperature in this chamber today, and all week. That means: everyone stop interjecting right now. To assist the House I am going to ask the minister to withdraw, but I'm going to remind all members that, moving forward from this moment, the same principles will apply when motions, questions are put forward. The same principles will apply. I put up with a lot this week. It's the right of members to say what they wish. But, moving forward now, the same standards will apply with motions, questions and comments in the chamber. I'm going to ask the minister, to assist the House, to withdraw, and we'll move forward.

Photo of Clare O'NeilClare O'Neil (Hotham, Australian Labor Party, Minister for Home Affairs) Share this | | Hansard source

Speaker, to assist the House, I withdraw.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

The minister in continuation.

Photo of Clare O'NeilClare O'Neil (Hotham, Australian Labor Party, Minister for Home Affairs) Share this | | Hansard source

It's important that all of us in this chamber are accountable for our actions. And, whether that comment stands or not, the facts show the record. And the record is, on a bill that Labor put forward to criminalise paedophiles standing in front of schools, the Leader of the Opposition and his team voted against it, and you cannot hide from that. And it's not the only example of this kind of conduct, because we have had a deafening silence from the Leader of the Opposition about the behaviour of a hand-picked member of his frontbench, Senator Dean Smith, who chose to use his power to argue that a paedophile get released from immigration detention. I would say to the Leader of the Opposition—he likes to get up and speak emotionally about child sexual abuse—that he's got an opportunity to make a stand, and I want him to do it.