Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Hansard source

We were here when the decision was handed down, and ministers opposite were asked, 'What's going to happen to other individuals affected by this case, by this decision of the High Court?' Do you know what ministers said on that day? They said: 'Nothing is going to happen yet. We're going to wait to see the statement of reasons from the High Court.' That was what Minister Giles was telling the country, that was what Minister O'Neil was telling the country and that was what the Prime Minister and representing ministers in this chamber were telling the country: 'Be calm. You're safe because we're going to wait for the statement of reasons.' But what transpired? They changed their mind. They didn't wait for the statement of reasons. They panicked, they did whatever it was happening in the background, they felt pressure from the Left—whatever it was that caused the government to then open the floodgates in releasing the murderers, rapists, paedophiles, contract killers and others who had been detained back into the Australian community.

When they made that decision to release them in advance of the High Court's statement of reasons, had they put in place any safety measures in terms of how those individuals would be tracked or traced or how Australians would be protected? No, they hadn't. The opposition had to call for legislation. The government brought forward legislation which, on the day it brought it forward, at breakfast time, was the toughest it could be. But by lunchtime they'd accepted six amendments from the opposition leader, Mr Dutton, as ways to strengthen those measures. The government then released individuals who apparently managed to avoid having those ankle bracelets or other measures put in place. So we had a situation where the government said they wouldn't release people but then did, then made up protections after they'd released them and then failed to institute those protections on different individuals, and said the legislation was as tough as it could be—except, it turned out, when the opposition had suggestions it could be tougher. So, ultimately, we've got a situation where this government has been caught out flat-footed—and the ministers! There is the absolute failure of Minister Giles and Minister O'Neil to be in a position to actually manage this issue properly. If they'd been doing their job, the contingencies would have been in place. If they'd been doing their job, they would have had plans should the High Court case have gone against the government. If they'd been doing their job, those plans would have included a preventive detention regime, which, again, the government didn't move on until after the opposition had proposed it.

Indeed, the opposition's proposal was confirmed as valid when, finally, the statement of reasons was released by the High Court. Imagine if the government had either done the contingency and had the preventive detention regime in place or had the legislation ready to go and, alongside that, held its nerve and waited until the statement of reasons was released. Those two things could have had a profound difference. Why would they have made a profound difference? Because we wouldn't have what's occurring in the Australian community right now, which is to see crimes being committed by the very people released under this government. That is the most serious part of what has occurred here.

The reality that this government has proceeded to release individuals, because it was flat-footed, because it hadn't done the contingency work, and to release them in ways that have now seen Australians suffer harm. They have failed the most serious test of a government, which is to keep Australians safe. They've failed that test at a range of hurdles throughout this, and, as much as those opposite may sigh or moan, their sighing and moaning is nothing compared to the potential pain and anguish that is now being faced by those Australians.