Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

My question is to the Minister representing the Prime Minster, Senator Wong. Minister, both Senator Paterson in this place and the Leader of the Opposition quickly called for a preventive detention regime to be put in place to protect the Australian community since your government decided to release detainees including paedophiles, rapists, murderers and a contract killer into the Australian community following the NZYQ case. Again, you had five months of warnings that this case might not go your way, but when the orders were handed down the only thing the Albanese government was ready to do was to release detainees into the Australian community.

It's now almost a month since the decision was handed down, and only this week is your government finally ready to introduce into the parliament the preventive detention regime called for by Mr Dutton. Why weren't you prepared earlier to take the most basic steps to protect the Australian community?

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

I again point out that the opposition, in their desperate attempt to make sure this is about them and the fight they want to win, asserts that the government decided. The government did not decide; the High Court decided. Words matter. I know that you wish to use words because you're trying to engage in a political attack, but the High Court decided and made a decision that was argued against by the government.

The second point I'd make on the assertion that Senator Birmingham makes and Senator Cash makes—that this was all predictable—is that this was a 20-year precedent. Even privately across the chamber, those opposite expressed a view about the High Court decision that was the overturning of a 20-year precedent. We all know that the opposition is only interested in fighting about this. The government is focused on working to fix it. That is the difference between the two parties.

I again remind those opposite that the High Court's reasons for decision, which enable us to properly draft a preventive detention regime, were handed down last week. We are still waiting for your support for that. We still note that you voted with the Greens against legislation to improve the stringency and to increase the safety that the legislation would provide to the Australian community, and you still haven't explained to the Australian people why you did that. We also know that this legislation will come in— (Time expired)

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

Senator Birmingham, a first supplementary?

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

The lack of preparation by the Albanese government and the decisions made by Albanese government ministers have now seen crimes alleged to have been committed in the Australian community, including an alleged indecent assault and a registered sex offender having made contact with minors. The Albanese government's failure to prepare for the High Court decision has turned a bad result into a catastrophic one. Why was there no preparation? Why were there no contingencies? Why couldn't your government make plans to keep Australians safe?

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

First, in relation to an interjection made earlier, I note that we have tabled the amendments which set out the preventive detention regime. Of course, you may not have made yourselves available to be briefed on them, because Mr Tehan is too busy being at the Jericho Cup in Warrnambool and others are overseas. I would make the point that we have tabled amendments. We look forward to your support and we look forward to an explanation to all those here and beyond as to why you voted with the Greens against strengthening legislation to protect Australians. So, when you come in and talk to us about keeping Australians safe, let everyone remember that you are the group, you are the party, that voted against strengthening the visa conditions and the criminal penalties associated with them, because you are always about the political fight. You are never about fixing the problem.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

Minister, the government told the High Court that it was an agreed fact that, as at 30 May 2023, there was 'no real prospect of NZYQ being removed from Australia in the reasonably foreseeable future'. Did a minister sign off on a statement of agreed facts that was submitted to the High Court on 30 May this year? Did the government present inaccurate or potentially unreliable evidence that weakened its case and helped to precipitate this disaster that has left Australians less safe than they were beforehand?

Hon. Senators:

Honourable senators interjecting—

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

I'm not going to call the minister until there's order across the chamber.

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

Of the 148 people who arrived here before the election, can I make this point: every single one of those people was still here because Mr Dutton failed to do his job. You had nine years to arrange resettlement and you didn't, and now you want to complain about the consequences of that.

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

Minister Wong, please resume your seat.

Honourable senators interjecting—

Order! Order!

Senator Scarr, which part of 'Order' are you failing to understand?

And Senator McKenzie! Senator Shoebridge?

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

Thanks, President. My question is to the—

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

Senator Shoebridge, I don't believe the minister has finished. I have sat her down because this chamber is disorderly. Minister Wong, please continue.

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

The opposition say they want a preventive detention regime. Well, we have—

Yes. Do you see? There's Senator Cash again. She's still trying to go the political fight. Why don't you have a look at the amendments for the preventive detention regime, which is actually about Australians—keeping Australians safe. And make sure that you support it, because what we know is that you're always more interested in a political fight than in fixing the problem. We are working to fix the problem. I'm looking forward to you coming aboard, Senator Cash.