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 Minister, Senator Gallagher. As we have heard, the Victorian police and the Australian Border Force have issued statements this morning confirming that a man released by this government following the NZYQ case was arrested for serious sexual offences and, according to Victoria Police, a woman was allegedly assaulted and another allegedly stalked. This minister and the government have repeatedly sought to compare the community safety detention order passed last December by this parliament with the continuing detention orders that had previously been in place. Minister, will you confirm that, under the continuing detention orders, individuals were continuously detained and not released into the community? In contrast, the NZYQ cohort are in the community. Isn't this comprehensive misunderstanding by the Albanese government another demonstration of just how your government is failing to accept responsibility for ensuring these individuals are monitored and put back in detention?

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

I absolutely reject the question and the preamble that Senator Birmingham has put in place. Those who participated in estimates last week—particularly the Home Affairs estimates, where these matters were gone into in great depth—understand exactly how much work is underway on preventive detention. I would also say that a big difference is that the High Court actually came down with a ruling that said indefinite detention is no—

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

Minister, please resume your seat. Senator Ruston and Senator Cash: I have called order and you've continued to interject. Listen in silence. Minister, please continue.

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

The preventive detention model that the government put in place—through laws that passed this place—is based on the former Liberal government's high-risk terror-offenders scheme.

As others on that side know, including the shadow minister for home affairs, there is a very high legal threshold to be met for a court to agree to ongoing detention. We're all aware that there's a high threshold, and we knew that when we put the legislation through. As those opposite know, there is significant work underway preparing applications. We want those applications to be successful. People are working day and night on those applications, and you know that. You pretend otherwise, but you know it. The moment those laws passed this place, that work began—

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

It should have started before that.

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

I was going to say: in fact, there was work underway before that but, once the law was settled, those applications have been worked on. You know that, and you know that the difference with NZYQ is that the High Court has made a ruling. The government had to abide by that ruling, as you would have had to, if you were in government. The law changed, and we have been working tirelessly since that occurred to keep the community safe and put in place a framework that works.

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

Senator Birmingham, first supplementary?

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

The government has claimed that individuals released are subject to continuous monitoring. Yet somehow these individuals subject to continuous monitoring increasingly seem to be continuously reoffending. The government, equally, has claimed that it is doing everything possible to make applications for new detention orders, yet none have been lodged. How can any Australian have confidence in the actions of this government when every statement it has made is seen and found to be untrue? (Time expired)

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

The statements are not untrue that the government—

Opposition Senators:

Opposition senators interjecting—

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

Well, they're not! I don't accept that at all. I do not accept that. We have been working on applications for preventative detention, and they will proceed. We want those applications to be successful. It is a high legal threshold, and it does require working with states and territories who have a lot of the information to put together those applications so that they are successful. In the meantime, there are a range of measures, as you're aware, that the law enforcement agencies are undertaking in monitoring the NZYQ cohort. To suggest that they are not being monitored is to reflect on the work of those—

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

No, it's not.

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

Yes, it is. That is exactly what it is, because you are alleging that they are not doing their job properly. You are undermining the whole framework by the way that you are playing this.

Opposition senators interjecting—

Yes, you are. That's exactly what you are doing. You are saying they're not doing their job properly, and we reject that. (Time expired)

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

Senator Birmingham, second supplementary?

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

Senator Paterson invited the minister to apologise to the alleged victim of this latest sexual assault and, indeed, other victims of the NZYQ cohort. The minister did not take the opportunity to apologise. If the Albanese government is refusing to say sorry and refusing to apologise to those who have been impacted by crimes of these released criminals, what is your message to those who are paying the real-life consequences of their release and reoffending?

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

I thank Senator Birmingham for the question, I don't think there's anyone in this place who wouldn't be concerned and who wouldn't feel for the victims involved—not only with this group of individuals but more broadly—particularly those who may have suffered from a sexual assault or a sexual crime. I'm not going to reflect on the individual who is before the court because I don't want to prejudice that matter that is before the court. To do so would be irresponsible. But I think to suggest that there are people in this place who don't care and haven't turned their mind to that is just not true, and you know it's not true. We are all here. We are all worried about people who may have been on the end of the offending. The minister has reached out as you would expect to ensure support is being provided to relevant individuals. (Time expired)