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

My question is to Minister representing the Prime Minister, Senator Gallagher. At Senate estimates earlier this month, the Department of Home Affairs gave evidence that at least 18 individuals released from immigration detention as a result of the NZYQ High Court decision have been charged by state and territory police and that at least seven individuals have been charged for breaching their visa conditions. How many of the 149 noncitizens released from immigration detention as a result of the NZYQ case are currently in custody?

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I thank Senator Cash for the question and note the continued politicisation of a ruling of the High Court. The High Court ruled that indefinite detention was unconstitutional, and it up-ended two decades of legal precedent. This opposition has taken every single opportunity to play politics with this issue as we have gotten on, have focused on keeping the community safe and have focused on putting in place arrangements to keep monitoring and keep an eye on those who have been released.

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

Madam President, I raise a point of order in relation to relevance. Far from politicising the issue, the question was: how many of the 149 noncitizens are currently in custody?

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

There was significant preamble which went to the matter the minister is addressing. Minister, please continue.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

These matters are being managed by the AFP and state and territory police forces, as Senator Cash knows. We are not making comment on individual matters. Where an offence occurs or charges are laid, they are reported in the normal way, as you would expect. Whether that would be through the state and territory police forces or through the AFP, all individuals—

No, that's not true. I'll take the interjection. All individuals are being monitored, and as you were told at estimates—

No, that is not true, Senator Cash. If you want to perpetuate myths and mistruths to play politics, that's on your head. The officials—our police who are in charge, our Home Affairs staff who are in charge—are doing the job that we have asked them to do, as they should do. They are the experts. They are in charge. They are managing this situation. They are keeping the government briefed. They are providing information where it is required. And you've just had a whole week of estimates to investigate this yourself, where you were given a range of evidence. But I am very confident that the AFP and the ABF, along with their state and territory counterparts, are doing the job that they need to do, keeping the community safe. (Time expired)

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

Senator Cash, first supplementary?

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

The Department of Home Affairs admitted at Senate estimates that the government has not made a single application for preventive detention relating to individuals released under the NZYQ decision, despite the parliament rushing the legislation through before Christmas, at the government's urging. Can the minister confirm that the number of applications is still zero?

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I thank Senator Cash for the question. I can confirm that the ABF and the AFP are doing everything that we have asked them to do, in the laws that have passed this place, to keep the community safe. As I would remind those opposite, it took, I think, three years, under HRTO, to put a case before the courts—a successful case. The officials will do the work that they need to do. They have been working on this day and night. You are the ones that try to play politics and undermine—

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

Minister Gallagher, 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

Again, the point of order is in relation to relevance. The question was in relation to the government making application for preventive detention, not officials, and the minister confirming that the number of applications made by the government is still zero. It is a simple yes or no. Is it zero or not?

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

Thank you, Senator Cash. I believe the minister is being relevant, and I will continue to listen carefully to her response.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I think that was more of a debating point from Senator Cash—

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

It's not a debating point; it's a point of relevance.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

Yes, it was. You make your point. The government's preventive detention and community safety order regime is modelled, as we know, on the coalition's HRTO scheme. Under HRTO it took more than three years for the first continuing detention order application. Those opposite would know, because they created it. (Time expired)

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

Senator Cash, second supplementary?

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

The Minister for Home Affairs has repeatedly said that, if it were up to her, all of the offenders released as a result of the High Court decision would be in detention. Why has the government not yet made a single application to protect the Australian community from the most dangerous released detainees? Isn't the minister saying one thing but doing another?

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I might remind Senator Cash, because she seems to be failing to understand, that the High Court made a ruling that indefinite detention was unconstitutional, and, since that ruling, the government has been working day and night to keep the community safe, to respond to the law, to follow the decision of the High Court and to keep the community safe. Those opposite are seeking to undermine that with every question they ask.

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

Minister Gallagher, 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

Again, I have a point of order in relation to relevance. With all due respect to the minister, the last two questions have been in relation to applications for preventive detention. You can hardly say you're keeping the community safe—

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

Senator Cash!

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

if you haven't made one application for preventive detention, can you?

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

Senator Cash! Order! I will remind senators: when you make a point of order, you make your point of order, and it is not about then making a statement. I will draw the minister back to the question.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

As I said, the government is working, alongside our security agencies, to keep the community safe, and we are implementing the laws that passed this place. As Senator Paterson said in 2021, there's a very high legal threshold to be met for a court to agree to the ongoing detention of an offender. We are doing the work, we are implementing the laws that passed this place and we are keeping the community safe and responding to a broken immigration system that Mr Dutton oversaw on all of your watch.