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. Minister, how many detainees, including paedophiles, rapists, murderers and a contract killer, have now been released into the Australian community, and, of those, how many are there whom the government has tried or is trying to resettle in another country?

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

I refer to the statement issued by the ABF on Sunday 3 December. I understand that in that the Australian Border Force confirmed that two detainees, one in New South Wales and another in South Australia, have recently been charged, and one individual remains in police custody. I'm advised that, obviously, both those matters are subject to court proceedings, so I'm not in a position to provide further detail at this stage.

In relation to this cohort, as the shadow minister would be aware, the government, in addition to standing up a joint police operation between AFP and state and territory police forces, has introduced the Migration Amendment (Bridging Visa Conditions) Bill 2023, which passed the parliament and allows ministers to add conditions on bridging visas granted to noncitizens released from immigration—

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

Senator Wong, please resume your seat. Senator Cash?

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

It is a point of order in relation to relevance. The question was in relation to how many have now been released into the community and whether or not you are pursuing resettlement in relation to any of them.

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

Thank you, Senator Cash. The minister did refer to a statement, which of course I don't have before me and don't know the contents of. I will remind the minister of the question, but without knowing the full details of the statement I really can't rule.

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

In relation to the number so far released, I am advised that as a consequence of the High Court's decision the 148 individuals have now been released from immigration detention. Perhaps I could go back, though, because I would have thought the senator would be interested in how we try to keep Australians safe in circumstances where the High Court has ordered the release, a decision which any government is required to observe. The government has passed the Migration Amendment (Bridging Visa Conditions) Bill. The government also brought in a strengthening of that legislation—the Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023—which criminalises further bridging visa conditions. I note that this opposition, for some reason, voted against— (Time expired)

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

Senator Cash, a first supplementary?

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

Minister, it has been reported in the media that at least three of those have been released with no conditions imposed on them. Can you explain why there have been no conditions on their release?

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

Well, with respect to Senator Cash, I'm not going to take as read what she is asserting. If she has questions about the exercise of that law by ministers, I'll certainly see whether we can provide any further information in the absence of any further detail now. But I would make the point that if Senator Cash and those opposite are interested in increasing the penalties on persons released then perhaps Senator Cash could explain to the chamber why her party voted with Adam Bandt and their party against legislation designed to increase the severity of penalties—

I'll take the interjection. She says it's because we had to wait for the High Court. Isn't that interesting, because, as I recall, you were in here being very loud about why we didn't have to wait for the High Court. So, which is it, Senator Cash? (Time expired)

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

Senator Cash, a second supplementary?

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

Minister, will the government provide details to the Australian people on why it was necessary to release each of the 140 detainees into the community, including paedophiles, rapists, murderers and a contract killer?

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

First, we are providing briefings to the opposition, which Senator Cash is aware of. Secondly, this goes to the fundamental point that these individuals have not been released because the government made a determination that they had to be released; these people are being released as a consequence of the High Court decision, which struck down laws that you had in place—and not the first set of laws of yours that they have struck down. We don't believe that you actually make people's—

Senator Cash, I know you want to interject a lot on this, but I would make this point: you are supposed to be the shadow Attorney-General. The shadow Attorney-General understands the separation of powers. The shadow Attorney-General should understand that a government, under the Westminster system, does not act like an autocratic dictatorship and actually does what the court says. I know Mr Morrison wanted a very different approach on robodebt— (Time expired)