Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

My question is to the Minister representing the Prime Minister, Senator Wong. Today, the Minister for Immigration, Citizenship and Multicultural Affairs confirmed that 80 asylum seekers being held in immigration detention were released almost immediately following last week's High Court ruling. The minister has said there will be strict conditions attached to the new visas that have been issued. What are these conditions, and what are the consequences for an individual who violates these visa conditions?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you, Senator Cash. As I said yesterday and as we said last week, we will use all available powers to keep the community safe, and the government will also consider all legislative and regulatory options. As you would know, Senator Cash, through you, President, last week the High Court handed down a decision which required the release of an individual from immigration detention. Whilst the Commonwealth argued against this, obviously, the High Court has made a different decision. We have prepared for this outcome, given the case's significance, and community safety is the No. 1 priority throughout this process.

I can advise the chamber that the Australian Federal Police and Australian Border Force are working closely with state and territory authorities and that a joint operation was established on Friday. I am also advised that visas were issued to impacted individuals with strong mandatory conditions to ensure community safety is upheld. I would again emphasise that, as a decision of the High Court of Australia, the government is bound to implement it.

I was asked about conditions. I'm advised that these include, for example, requirements to report regularly to the Department of Home Affairs and to inform the minister of changes to personal details, including address and social media profiles, restrictions on industries of employment and a range of other strict conditions. The government will continue to consider all measures that may be available to strengthen the protection of the community in this case.

I also can indicate that a number of other people, around 90, have so far been assessed as being in similar circumstances to the original plaintiff.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cash, first supplementary?

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

What types of offences were the 80 individuals released into the community convicted of?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Obviously, the shadow minister was a minister in the government which put in place the form of the arrangements for detention which the High Court has now found to be unconstitutional, and I assume she would be familiar through that process of the—

James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source

It was a 20-year precedent. It was under you as well.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Agreed. It is a 20-year precedent. She would be aware of some of the offences of those who are in this position. Again, as I say, the government do not have a choice as to whether or not we release these individuals. These individuals are required to be released as a consequence of the High Court of Australia's judgement.

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I raise a point of order in relation to relevance. I did specifically ask what type of offences the 80 individuals released into the community were convicted of.

Sue Lines (President) Share this | Link to this | Hansard source

The minister is being relevant to the question. Minister, did you have anything further to add?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I am advised—and I will check this—that not all individuals have been convicted, but, if there is further information I can provide, I will do so.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cash, second supplementary?

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Has the government consulted the communities into which these individuals have been released?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Again, I would make the point to Senator Cash that any government, even the government she was part of, would be required to follow the High Court's ruling.

Sarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | Link to this | Hansard source

I understood you were going to wait for the reasons?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I'm sorry? Would you like to say something?

Any government, including a government such as those opposite were part of, is bound to follow the High Court. We are doing so. We are seeking—

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cash, on a point of order?

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Again, I rise on a point of order: relevance. With all due respect, I didn't ask about the High Court decision; I asked whether or not the government consulted the communities into which these individuals have been released.

Sue Lines (President) Share this | Link to this | Hansard source

I'll remind the senator of your question.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Your question—people are being released because of a High Court decision, so I would again make the point. I understand that the shadow minister wants to make a political point with this. This is a very difficult situation that the government is seeking to deal with.

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Again, I rise on a point of order in relation to relevance. Again, with all due respect, I didn't ask about the High Court decision; I asked whether or not—yes or no—the government consulted the communities into which these 80 people have been released?

Sue Lines (President) Share this | Link to this | Hansard source

Thank you, Senator Cash, the minister is being relevant to the question.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I will make two points. You might wish to ignore the High Court decision but that is why this is occurring. You might wish to ignore it. (Time expired)