Dan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

My question is to the Prime Minister. Yesterday, the ankle bracelets and monitoring conditions were removed from 215 dangerous noncitizen offenders, including 12 murderers, 66 sex offenders, 97 people convicted of assault and 15 domestic violence perpetrators. How many of the hardened criminals who are in the community are wearing ankle bracelets or subject to curfews right now?

Mr Tony Burke (Watson, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

First of all, the decision from the High Court that's been referred to there is not the decision that the government wanted, but it is a decision that we'd prepared for. So this morning I was with the Governor-General, signing new regulations, and those new regulations allow what was cut out by the High Court yesterday to now go through reconsideration on a new test, which is viewed as being legal, and for that new test to be applied to the full case load.

Of course, let's not forget that the concept of people in these circumstances being on ankle bracelets at all is something that has only started since this government came to office. It was previously the case, for example, that 102 sex offenders were released from immigration detention by the Leader of the Opposition with no conditions at all.

Milton Dick (Speaker) Share this | Link to this | Hansard source

I'm just going invite the Leader of the House to pause because I want to hear from the member for Wannon.

Dan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

Thanks, Speaker. It goes to relevance, and this question is incredibly important to the safety of the Australian people. To be directly relevant, you have to answer: how many are subject to ankle bracelets and curfews right now?

Milton Dick (Speaker) Share this | Link to this | Hansard source

On the point of order, the Deputy Leader of the House.

Mark Butler (Hindmarsh, Australian Labor Party, Minister for Health and Aged Care) Share this | Link to this | Hansard source

To the point of order, Mr Speaker: it's quite clear in Practice that a minister is able to compare and contrast, provided that does not take the entirety of their answer.

Milton Dick (Speaker) Share this | Link to this | Hansard source

Yes, Practice, page 554, does go to that area. The minister has been referring to the question. He is being directly relevant. He is entitled to talk about the policy topic. He won't be able to remain on that for the remainder of his answer, particularly about alternative policies, but, while he's been going for about 20 seconds on that topic, he's entitled to do so under the standing orders and Practice. But I'll listen carefully to make sure he is being directly relevant.

Mr Tony Burke (Watson, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

Therefore, the new test and the new rules have been in place since this morning. Within 24 hours of the High Court coming down with its decision, the government had taken three actions. The first action that we took was to make sure that we had increased the number of people on Border Force under Operation AEGIS. That has been an increase that we were stepping up in anticipation of the possibility of this decision so that that operation in Border Force now has two-thirds additional people—a 66 per cent increase on the number of people who are there, working on that. Secondly, the regulation was signed off by me. Obviously, we had to check it against the specifics of the majority ruling in the High Court. That was signed off by me last night and put through the executive council this morning, and is now being applied by the department. Thirdly, legislation had to be introduced to the House. The regulation takes immediate effect. Obviously, people then have to be tested against it, but the regulation takes immediate effect.

Milton Dick (Speaker) Share this | Link to this | Hansard source

Order! The member for Hume.

Mr Tony Burke (Watson, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

Additional to that, legislation is required which isn't required for the reg to take immediate effect, but is required for us to have the full powers that we want to be able to have, and that legislation was introduced before question time today.

All of that has happened with a High Court decision that came down only yesterday. This government's first priority is community safety. If I can remind members, the first priority is not ankle bracelets or detention for these people; our first priority is we don't want them in Australia at all, and that is why we introduced powers today in the legislation to improve the government's capacity to remove people from this country in that situation.