Senate debates

Tuesday, 19 November 2024

Committees

Legal and Constitutional Affairs Legislation Committee; Reference

3:43 pm

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

We support the referral. Since the High Court held that forced ankle bracelets and curfews on ex-detainees are unconstitutional and punitive in the case of YBFZ, the government has indicated it wants to legislate to empower the minister to enforce these measures for the purpose of achieving safety in the community. This bill will fail for the same reason the High Court held in YBFZ. What is needed is legislation to widen the power of the judiciary to order these measures instead of leaving it to the minister who is part of the executive, thereby ensuring the separation of powers.

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