Senate debates

Friday, 17 November 2023

Questions without Notice

Immigration Detention

2:00 pm

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | | Hansard source

My question is to the acting Prime Minister, Senator Wong. Minister, following the recent High Court decision, how many of the 84 detainees, including paedophiles, rapists, murderers and a contract killer, so far released into the community does the government intend to force to wear ankle monitoring or tracking devices?

2:01 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I appreciate the courtesy of the way in which the senator addressed me.

Senator Watt says the Senate is taking over.

Opposition senators interjecting

It's Friday, isn't it! I just make this point. We all know that the High Court decision that is at the heart of that question overturned a 20-year precedent. We all know that the Commonwealth government, the Albanese government, submissions were against the decision. We all know that there was a bill that came to the parliament, appropriately. Both parties of government agreed it was urgent and agreed we were willing to work together—

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | | Hansard source

President, direct relevance. The question specifically goes to what tracking and monitoring security factors have been adopted in relation to this cohort of serious criminal offenders. How many detainees are subject to those monitoring requirements? It doesn't need a preamble in relation to history.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you, Senator Scarr. It also went to the High Court decision, but I'll remind.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

We agreed pragmatically to work with you—both parties of government—to resolve this to act in the national interest, and every one of your amendments was agreed. So what I say to the opposition is: don't continue to just try to make conflict with this. Don't continue to just focus on division, because what we saw yesterday was a pragmatic agreement to operate in the national interest.

The advice I have in relation to the electronic monitoring is that the condition will be mandatorily imposed on all bridging visa holders in the NZYQ affected cohort. That's obviously a decision for the minister. The condition may be lifted only if the minister determines that the individual poses no community safety risk.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Scarr, first supplementary?

2:03 pm

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | | Hansard source

I should say my intention is not to provoke a conflict but to ask questions relating to the safety of the Australian community. In a similar tone: Acting Prime Minister, could you say how many of the 84 detainees the government intends to impose a curfew upon?

2:04 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I am also advised that the curfew condition will be mandatorily imposed on all bridging visa holders in the NZYQ affected cohort. The condition may be lifted only if the minister determines the individual poses no community safety risk. The duration of the curfew is limited to a maximum continuous period of eight hours, with the default hours set at 10 pm to 6 am each day. The curfew limits the ability of the visa holder to depart the place at which they are ordinarily required to be during curfew hours, which would ordinarily be the person's residential address.

I'll just respond to the comments that Senator Scarr made. We're all focused on the safety of the Australian people and the safety of the Australian community. We are all focused on it, and it ought not be an issue for political division.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Scarr, second supplementary?

2:05 pm

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | | Hansard source

Minister, when will these measures to protect the safety of the Australian community from paedophiles, rapists, murderers and a contract killer actually be implemented?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I refer to my previous answers, which went to the mandatory electronic monitoring and the mandatory curfew. If the question is about the royal assent, I will check where the passage of the bill is.