Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Home Affairs, Senator Watt. I refer to the recent High Court rulings which determined that successive Liberal and National party immigration and citizenship laws were unconstitutional. Given that the High Court struck down Mr Dutton's failed immigration and citizenship laws, what has the Albanese government done to keep the community safe since those decisions?

Opposition Senators:

Opposition senators interjecting—

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

Order! Thank you, Senator Walsh. Just a moment, Minister. Order on my left!

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

For the second day in a row it would appear that members of the opposition don't like their own record being pointed out to them. Senator Walsh, I thank you for your question. Unlike how those opposite operated while they were in government, on this side of the Senate, we believe it is important to ensure laws that protect the community can actually operate, because it is not tough talk that keeps Australians safe; it is tough laws that stand up in court. We are leaving no stone unturned in our efforts to protect the community and we haven't wasted a single day in doing so. The Australian Border Force and the AFP have been working hard to ensure community safety. The work they're doing is exceptional and I, for one—if not the opposition—thank them for their hard work.

Opposition Senators:

Opposition senators interjecting—

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

Order! I called the chamber to order on two or three occasions. That is what I expect, not for people to just ignore me and continue their very loud interjections.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

We continue our work to protect the Australian community. We have already introduced a range of steps including ankle bracelets, increased monitoring and curfews. We have provided additional support to our agencies, $255 million in total in extra support for these measures. We made it clear from the outset that we will consider options to strengthen laws further to protect Australia. We introduced a new bill to make strong laws stronger, a bill that the opposition voted against yesterday in the House of Representatives—for all their tough talk.

We will work through the High Court's written reasons when they are handed down in a few minutes' time. Contrast this with the actions of some of those who sit in this chamber, because we see the opposition regularly say one thing and do another. The Leader of the Opposition talks tough on border but he slashed funding for compliance staff when he was the Minister for Home Affairs. Mr Dutton talks tough on crime but, under his watch, sexual exploitation of migrants, and organised crime and people trafficking skyrocketed. When we need leaders to protect people, Mr Dutton plays politics. This government sees the challenges in the world and is upfront with Australians about them. We don't play politics with national security or social cohesion and nor should the opposition. We won't repeat the mistakes made by the coalition in the past.

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

Senator Walsh, a first supplementary?

Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Yesterday the Senate heard that for years Mr Dutton and his coalition colleagues talked tough on national security but didn't deliver while in government. Why is it important to take strong action to keep the community safe and not just talk tough on national security?

Opposition Senators:

Opposition senators interjecting—

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

Just a moment again, Minister. Order on my left!

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Again we see lots of talk, lots of chat and lots of yelling from the opposition on matters of national security. The one thing that's missing is action. As home affairs minister Mr Dutton spent years telling us that he'd closed the back door to Australia. Now we find out that he left the front gate wide open and swinging in the breeze. His search for political division does nothing to make people safer. Let's not forget the mess that Mr Dutton left the Home Affairs portfolio in—a visa backlog of one million people and dodgy international education systems funnelling visa rorts every single day. Report after report found gaping holes in Mr Dutton's rorted visa system, which was letting criminals into the country—a visa system that allowed foreign organised crime syndicates into the country.

Hon. Senators:

Honourable senators interjecting—

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

Minister Watt, please resume your seat.

Carol Brown (Tasmania, Australian Labor Party, Assistant Minister for Infrastructure and Transport) Share this | Link to this | Hansard source

You don't like to hear the truth.

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

Senator Brown! I'm waiting for order before I call the minister again. Minister.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Mr Dutton's record is a visa system that allowed foreign organised crime syndicates into the country. These included the Albanian mafia, who engaged in drug trafficking, money laundering, slavery and sexual exploitation. What did he do in the wake of all of those reports? He cut compliance officers by 50 per cent.

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

Senator Walsh, second supplementary?

Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Thank you, Minister.

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

Where are the detainees? Have you found them yet?

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

Sorry, Senator Walsh. Please resume your seat. I expect when the senator is on her feet ready to ask her question that there will be silence so that we can hear the question.

Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Thank you, President. We know tough talk isn't enough to keep Australians safe. Why is it important to ensure tough words are matched with tough actions?

Honourable senators interjecting—

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

I'll wait for silence.

Honourable senators interjecting—

Order across the chamber. Minister Watt.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Mr Dutton and his team have had a lot to say in the last couple of weeks about hardened criminals being released into the community, but it seems that they don't apply the same standard to their own senators. I was surprised to see weekend reports that a Liberal senator urged the Albanese government to release a child sex offender from immigration detention in circumstances similar to those the coalition is now politicising. In a letter to the immigration minister, Senator Dean Smith asked for a man convicted of having sex with a girl aged between 13 and 16 to be transferred from Christmas Island to the community. What have we heard from Mr Dutton? Absolute silence. Contrast that with Mr Dutton's remarks in 2021 when confronted with a similar situation. He said, 'Why would a member of parliament defend anyone who has been convicted of paedophilia?' For Mr Dutton there is one standard for the government and a different standard for his own people—utter hypocrisy. When it's one of his own calling for offenders to be released into the community he has nothing to say.

Hon. Senators:

Honourable senators interjecting—

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

I have Senator Paterson on his feet waiting to ask his question. There needs to be silence. Senator Paterson.

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

My question is to the Minister representing the Minister for Home Affairs, Senator Watt. Media reporting today revealed an immigration detainee who refused a mandatory electronic tracker was uncontactable by police following their release in response to the High Court decision earlier this month. Will the minister confirm whether there is an individual who was released from immigration detention currently residing in the community and uncontactable by our law enforcement agencies?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Senator Paterson, the short answer is that we trust the Australian Federal Police to do their job. This matter has been referred to the Australian Federal Police, and we trust them to do their job. Our government is putting in place the strict measures we need to make sure that, if one single individual violates their visa conditions, it's a criminal offence. I point out that only yesterday in the House of Representatives our government tried to amend tough laws to make them tougher. What did the opposition do? They voted against them, just like they voted against cost-of-living relief. They called for cost-of-living relief and they voted against it. They called for tough laws and they voted against them.

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

Senator Paterson, do you have a point of order?

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

On direct relevance, Madam President. I'd be interested to know how the opposition's alleged voting record is relevant to the question I asked about someone released into the community.

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

Minister, I draw you back to Senator Paterson's question. Senator Paterson, the minister did answer your question when he first stood up. Please continue, Minister Watt.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

I did answer the question by saying that this matter is being investigated by the AFP, and we trust them to do their job.

Now, Senator Paterson talks about the alleged voting record of the opposition. It's a matter of record; it's in the Hansard that yesterday the opposition voted with the Greens against our attempt to make tough laws even tougher. The only thing that's been alleged in the last couple of weeks that hasn't been true is Senator Paterson's allegation that there was a terrorist attack on the US-Canada border. He's content to go out there and make up stuff in order to whip up anxiety in the community, rather than actually working responsibly with the government to make our tough laws even tougher.

Paul Scarr (Queensland, Liberal Party) Share this | Link to this | Hansard source

Point of order on impugning motive: he talked about my colleague Senator Paterson whipping up hysteria et cetera with that intent. That's clearly impugning motive.

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

On the point of order, I think it's a reasonable political comment to respond to a very senior shadow minister talking about something as if it were a terrorist incident without being briefed and when it was not.

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

Senator Scarr, I don't believe it was impugning the senator, but I will remind the minister and all senators in this place to be mindful of the language that's used when responding or making statements.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

To continue my answer, as the Border Force Commissioner said yesterday, the individual concerned has been referred to the Australian Federal Police, and this government does not comment on ongoing police matters. It would be highly irresponsible to do so. But Australians can be assured that all efforts are being made to track down this individual.

In the meantime, our government will continue to put in place the tough measures that we need to make sure that, if one single individual violates their visa conditions, as is alleged to be the case at the moment, that will be deemed to be a criminal offence. These individuals have been released under the strictest possible visa conditions, and they are being monitored by a joint Border Force and AFP task force operation. If you're saying clearly not, you're having a go at the Federal Police. We're not going to do that; we're going to support the Federal Police in their job. (Time expired)

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

Senator Paterson, first supplementary?

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

When was this individual first released from immigration detention, and how long have they been out in the community without an electronic tracker?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Of course, Senator Paterson, the ability to impose an electronic tracker, as you refer to it, was only possible after the legislation was voted on in this chamber when we last sat. I've made very clear that the Australian Federal Police and Border Force are making every attempt possible to locate this individual and ensure they comply with the law. And I dare say that they will be subject to criminal charges once they are captured. That's obviously a matter for the Federal Police, but I dare say that they will be subject to those kinds of criminal charges for breaching the visa conditions that were imposed on that individual. And I think they'll regret their actions. What we're focused on is ensuring that we have a tough correct response. We welcome the support the opposition provided us when legislation was passed here in the last sitting week, and I'm very surprised the opposition voted with the Greens yesterday against making those laws even tougher.

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

Senator Paterson, second supplementary?

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

Legislation passed by the parliament in the last sitting week established a regime whereby high-risk individuals released from immigration detention are required to wear an electronic bracelet unless the minister is satisfied they don't pose a risk to the community. Does the minister agree that by definition the individual in question poses a risk to the community given they refused to wear an electronic tracker prior to going on the run?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

As I say, this government has legislated in very quick time to make sure that Border Force and the AFP have the powers they need to monitor, impose curfews on and apply electronic bracelets to the people who have been released from detention as a result of a High Court order. Again I repeat: that stands in great contrast to the actions of your own Senator Smith who called for a convicted paedophile to be released from community detention without any monitoring, without any bracelets and without any actions whatsoever. We're actually trying to be responsible here and protect community safety, while you're out there applying one standard to the government and a completely different standard to your own people. When are you going to be consistent about this? If you're actually tough on these matters, then the same standards should apply to your own people, rather than having letters written to immigration ministers asking for convicted paedophiles to be released into the community without any monitoring whatsoever. We stand by our record and stand by our tough laws.