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. It has now been reported that a further detainee, a former ringleader of a child exploitation gang, released by your government from immigration detention, has been arrested in Dandenong amid allegations he has breached his reporting obligations and made contact with minors. It is reported that this man is a registered sex offender, previously alleged by police to have headed a prostitution ring which preyed on children in state care. A court was told how he once traded a pack of cigarettes for sex with a 13-year-old girl. You had five months of warning that the NZYQ case might not go your way, but when the orders were handed down the only thing your government was ready to do was to release these detainees into the Australian community. Minister, why can't your government keep children safe?

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

I thank Senator Cash for the question. I think she would know that everyone in this chamber wants our children kept safe.

There were a number of assertions in the question from Senator Cash which were not correct. The first of those was a suggestion that, somehow, we wanted to release people into the community. She knows that we are not a government that can or will instruct public servants to act unlawfully. We argued against this case—

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

Minister Wong, please resume your seat. Order on my left! Senator Ruston and Senator Cash! I should not have to call your name to get order in this chamber. You've asked your question. The minister has the right to respond in silence. Minister, please continue.

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

Unlike some, including the shadow Attorney-General, we know it is not open to a government—

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

Minister Wong, please resume your seat. I think that was you, Senator O'Sullivan. I have just called the chamber to order. That applies to you. Minister Wong, please continue.

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

Unlike some, including the shadow Attorney-General, we know it is not open to a government to instruct public servants to act unlawfully.

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

Senator Cash! Senator McGrath!

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

We do not instruct public servants to act unlawfully. We have responded to the High Court's decision by legislating tough visa conditions, and we are working to finalise a preventive detention model.

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

Senator Cash!

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

I will make the point that those opposite have yet to tell us that they will support a tougher regime and have yet to tell us why they voted against the bill with the Greens to slow down the legislation to impose a tougher regime.

Senator Cash, when you stop yelling at everybody, maybe you can stand up and explain to the gallery why you voted with the Greens to slow down a stronger regime to protect the community. If you don't, we'll all understand why— (Time expired)

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

Order across the chamber! That was incredibly disorderly and disrespectful! The minister is entitled to be heard in silence. I should not have to call senators repeatedly by their names. Senator Cash, please ask your first supplementary.

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

Minister, your government also made the decision to release a convicted sexual predator once labelled by a judge as a danger to the Australian community and an ongoing risk to women. Yesterday he was arrested and charged with indecently assaulting a woman in South Australia. What does the Prime Minister have to say to the alleged victim, and can you assure Australians that no-one else will become a victim of crime perpetrated by any of the released detainees?

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

The first assertion in Senator Cash's question was that this was a decision of the government. The release was a decision of the High Court. The release was a decision of the High Court of Australia, a decision against which the government argued. But, as a government in this system, we are bound to observe the decisions of the High Court. I would have thought somebody who was a lawyer and the shadow Attorney-General might respect the separation of powers. Having said that, it is our first priority to work to keep Australians safe. And unlike those opposite, who are only interested in fighting about this, we are interested in working to fix it. We are working to fix it, and that is what we are doing.

I would remind those opposite about their inconsistency on this. First, they demanded tougher laws. Then they voted with the Greens to oppose laws to keep the community safe. First, they said to slow down, and now they say to speed up. We've done more in nine days than you've done in nine years. We know what you're doing in this— (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, in light of these further revelations, will the Prime Minister show some strength and sack Ministers Giles and O'Neil who created this situation through their own incompetence?

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

I again say that we've done more in nine days than those opposite did in nine years. It's an inconvenient truth, Madam President.

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

Minister Wong, please resume your seat.

Senator McGrath, I've sat the minister down; I'm waiting for silence. Obviously, calling those senators on my left to order is having very little effect. I am the President. I am asking you to be silent, and that is what you should do.

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

Every single one of these 148 people arrived here before the election. Every single one of these people were still here because Mr Dutton failed to do his job. The government inherited laws that the High Court has ruled unconstitutional, and we have worked around the clock to fix the mess we've inherited. President—

Opposition senators interjecting—

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

Minister Wong, please resume your seat. Order, Senator Watt! Once again, order on my left. Minister Wong, please continue.

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

We've worked around the clock to fix the mess we've inherited. To ensure the opposition's support—

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

Order! Senator Cash, I'm really struggling here. I don't know which part of order you don't understand. You are being incredibly disrespectful and disorderly. You are sitting on the frontbench of your party, and I would expect you to set an example, not encourage others to be calling out and being disrespectful. Minister Wong, please continue.

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

To ensure the opposition's support, we've offered them access to the relevant legal advice. You know what, they haven't made themselves available. Mr Tehan's been at the Jericho Cup races in Warrnambool. Senator Paterson is off visiting Harvard. Senator Cash is right here in the building. She's able to go up to Sky News, but she can't get to the minister's office!

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

Order! Order! Senator O'Sullivan, a point of order?

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

It is out of order to reflect on the presence or not presence of a senator [inaudible].

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

Senator O'Sullivan, it refers to a senator's attendance in the chamber. I don't believe Minister Wong referred to the senators—

Government senators interjecting—

Order on my right! Order on my right! It refers to whether a senator is present in the chamber or not, and it's not appropriate to refer to—Senator O'Sullivan, you are not in a debate with me!