Raff Ciccone (Victoria, Australian Labor Party) Share this | Hansard source

Yet again it's disappointing to see the coalition continuing to play politics with a decision of our supreme court, the High Court of Australia. Just to be absolutely clear, I want to read out an answer that was given by Senator Wong in response to a question asked by Senator Birmingham which I think really sums up where we are today. Senator Wong said this:

It is the case that the legislative framework that you—

that is, the coalition—

operated under did not contemplate a constitutional view of detention that has been found by the High Court, so it is the case that the arrangements, the legislative or regulatory framework associated with such persons, will need to be amended. The government is working through that … the government intends to introduce legislation shortly to further respond to the decision of the High Court. We look forward to the opposition assisting with passage of that legislation as soon as is possible.

In essence, we are dealing here with a situation where the High Court of Australia has overturned a 20-year precedent, a situation where the government is working very much around the clock in anticipation of viewing the High Court's decision, which has not been made public, working with those—and hopefully with the opposition's support—at a stage soon to get legislation through the parliament to ensure that we make changes to address this situation. What I find quite offensive in this place is that we have individuals and a coalition party playing politics with the very serious set of circumstances currently before the government, which is trying to be responsible and to, as you'd expect from any government, act within the law of the country.

The High Court has found individuals to be unlawfully detained, and the government cannot ignore that. The government must act immediately, and it must act in accordance with the law, the law that we pass in this country. All governments must act in accordance with the law. I know that might be a controversial view for some in this place, particularly those opposite who want to play politics. After all, they are the architects of the unlawful robodebt scheme. We know that the coalition is struggling with this concept, and I'm quite amazed and surprised that they would continue to act in such a way. The government's concern has been that of community safety, not the political games of those opposite. The government has taken action to ensure that the community's safety is protected within the law that we currently have.

We started well before the High Court decision was handed down. Our border protection and law enforcement agencies have been working to make sure that the toughest possible conditions can be placed on those individuals. The government continues to work around the clock with these agencies to uphold the safety of our community. The government is also exploring further measures, including the legislative and regulatory options that are before us, to ensure the community's safety as we work through the implications of the High Court decision, noting the court is yet to hand down its reasons. Prior to any of the individuals other than the plaintiff being released, a joint ABF—that is, the Australian Border Force—and AFP, Australian Federal Police, operation was launched. So the suggestion from those opposite that the government did not make preparations before releasing these people is simply incorrect.

The individuals were required to be released, as I've stated, but are subject to very strict mandatory visa conditions. Such conditions include restricting the type of employment, requiring regular reporting to authorities, and requiring released detainees to report their personal details, including any social media profiles which they might have—which, as I understand, are being actively monitored—as well as other measures. I'm sure the security agencies and law enforcement agencies are monitoring very closely. I do think people need to come into this place with a perspective—