Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Hansard source

As a servant to the people of Queensland and Australia, I say that the Albanese Labor government's response to the High Court's decision of NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor handed down on 8 November 2023 has been a debacle, actually, a dark humour catastrophe threatening Australians. It is clear the government was caught on the hop and totally unprepared for the decision that was openly predicted long before the High Court handed down its decision. The plaintiff's successful argument was based on a mainstream interpretation of the concept of the separation of powers that underpins and is part of our Constitution, the Australian Constitution. This principle, fundamental to the Australian system of government, ensures the power to make and manage laws should be shared between three groups—the parliament, the executive and the judiciary. This avoids one group having all the power. The first three chapters of the Australian Constitution define the parliament, the executive and the judiciary and the roles they each play in making and managing laws in Australia. Each group has its own area of responsibility and each keeps a check on the actions of the others.

The Australian parliament makes and changes the law. It consists of the Governor-General representing the King, the Senate and the House of Representatives. The executive implements the law. It is comprised of the Governor-General representing the King, the Prime Minister, other ministers and members of the Public Service generally. The judiciary interprets, makes judgements and rules on the law, comprising the court system, with the High Court of Australia as the highest court in our system. A feature of the judiciary is that it has the exclusive power to impose penalties or other punitive measures. No other body can impose penalties. The executive does not have this power. This means that even ministers do not have the power to impose punitive measures. The High Court confirmed this interpretation, affirming the separation of powers.

The logical conclusion was that the minister's decisions to detain indefinitely a large number of persons under ministerial direction was predictably struck down as unconstitutional. So what should the government have been doing in the interim? Has this Labor government ever thought of the concept of a plan B? I don't think it has a plan A. It was highly likely the High Court would apply the concept of the separation of powers. Wasn't it logical that what would follow on would be the release of detainees who had not lawfully been detained? If a law to detain is unlawful ab initio—from the beginning—it is as if the law never existed and the detaining would be considered unlawful. I wonder how many lawsuits are being prepared right now, as I speak, against the government for unlawful detention—more taxpayer money flushed down the toilet.

Let's consider what the government did as a response to the High Court decision. Firstly, after the initial stream of expletives, the government tried to put together a knee-jerk response by releasing some detainees under subsequent conditional visas. A condition of some of these visas was the requirement to attach electronic monitoring devices and comply with curfew obligations. Many in the community would consider the obligation to wear monitoring bracelets and to be subject to a corrective services curfew to be punitive. Did the judiciary or executive authorise this action? Did a judge authorise this? Does this all sound familiar? The executive is deciding punishment, again. How enforceable these conditions will be may well come before the High Court. Whether these conditions will be effective in protecting the community remains to be seen. One detainee absconded and was relocated soon after. Another four detainees initially declined to be monitored with bracelets, the number now being two. What other steps are being taken to ensure the safety of people in the community? Already media is reporting considerable fear within the community. We know of at least two assaults due to these people. Surely we're all entitled to live without fear of injury from violent offenders dumped the community without rehabilitation or proper planning.

Some of these detainees are rapists, murderers, a contract killer, paedophiles—the worst scum of humanity unwanted in any country and plopped into our neighbourhoods. Most people, with the exception of the Greens, would be abhorrent to this. The worst of these is Mr Benbrika, a convicted terrorist who planned to murder thousands of Australians at large public gatherings. He will complete his prison sentence shortly and must be considered an undesirable resident of Australia and should be deported. Most people in Australia, apart from the Greens, would consider that true.

I certainly would wish to know what alternatives were considered to prevent circumventing the monitoring devices and committing an offence before action could be taken to intervene. Have victims' families been warned of the offending detainees' release? Amazingly, the latest government bills in this area do not include either compulsory reviews or considerations of the separation of powers principles. They do not. One Nation is placing before the Senate options to consider now that this bill is under consideration.

What's the cost of this government's hopeless management skills? The cost to taxpayers in terms of personal security is shot. The protection of a sound legal system has been abused. And there is an actual dollar cost. Labor has a well-deserved reputation for lousy money management and is now running for cover as its lack of foresight in managing predictable outcomes of poor political solutions emerges yet again. Bring on the next election so that Australians can bring on a better government for all Australians.

What's needed is transparency. In yet another embarrassing response from this lame-duck government, which has never shown leadership and has repeatedly failed to read the mood of the Australian public, how wrong could the Albanese government have been when promoting the catastrophic loss at the recent Voice referendum? It was completely out of touch. It relied on the vibe. It was not good governance.

The Labor government's policies on immigration and home security are woefully inadequate and are contributing to the high costs of living, high interest rates and waste of public funding, and they are now gutting home security. The heightened apparent antisemitism within Middle Eastern immigrant populations is on display for one and all to see. How shameful was the government response to the disgraceful demonstration on the Sydney Opera House steps? How many of the people demonstrating in support of the Hamas terrorists and Palestinian rights could be said to demonstrate or even pass the good character test required for many visas?

The rise of antisemitism, fear and hatred in the community is in many ways the result of a failure to exclude from Australia those who can never accept Australian standards, principles of equality and fairness, and abiding by the law. Letting anybody into Australia without conducting a genuine assessment of suitability is unacceptable. Issuing hundreds of visas to Palestinians without appropriate assessments immediately after the Hamas atrocities in October was a huge folly. There was stupidity, recklessness and irresponsibility.

We are concerned about two aspects of immigration: quantity—the number of people who are let in—and quality. Immigration numbers are currently absurd. One Nation wants to reduce immigration to net zero. That means only enough people being allowed in to equal the number of people who leave. This will reduce inflation, house prices, house rentals and pressure on infrastructure. It's what many people want. Quality of immigration needs to be raised so that only people who comply with Australian laws and fit in with our culture and values are admitted.

Who pays for this government's mismanagement and spin? As always, it is the people—today's Australians and future Australians not yet born—and that's a responsibility of today's government. The government needs to start with data and facts when developing its policies and legislation and put the needs of Australians first. It needs to get it right for national security.

As senators serving the Australian people, please remember that government has three roles: to protect life, to protect property and to protect freedom. Prime Minister Rudd opened the immigration and refugee floodgates. Pressure from the people and the polls forced him very quickly to reverse his policies, but the damage had been done. The Albanese Labor government has made an art form of blaming the coalition. Now it's becoming a joke. The Albanese slide in the polls looks steeper than the Gillard slide and even the Rudd slide as both previous governments fell into disarray and their leaders were found deficient.

Finally, the Labor government tells us this is a matter of urgency, and it is, yet the Albanese government in charge of the House of Representatives gave itself Monday, Tuesday and Wednesday off. Why didn't it call the House of Representatives back and get on with it? Don't just talk urgency; take urgent action. It's time for Labor to genuinely listen to the views of the community and to act quickly and accordingly to protect Australians and ensure justice.