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 Gallagher. A short while ago the Herald Sun reported that a man released by this government following the NZYQ case was arrested for serious sexual offences. According to Victoria Police, a woman was allegedly assaulted and another woman allegedly stalked. Victoria Police also said, 'Victoria Police can confirm the man is one of the detainees recently released following a High Court ruling.' The Minister for Home Affairs and the Minister for Immigration, Citizenship and Multicultural Affairs are both from Melbourne. How did this happen on your government's watch?

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 will remind the Senate that the High Court ruled that indefinite detention is unconstitutional. That upended two decades of legal precedent and bipartisan policy, and that ruling is now the law of the land. I hope that Senator Cash would agree that no parliament and no minister is above the law. That goes to the first part of Senator Cash's preamble about how it has come to pass that immigration detainees have been released into the community with—

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

Seriously? That's your excuse, for a woman who has been sexually assaulted?

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

Order!

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

I'm not making excuses. I am explaining factually what has occurred and why some immigration detainees have been released into the community, under strict conditions which this parliament supported.

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

Senator Henderson! Minister, please resume your seat. I called order several times, and particularly Senator Cash and Senator Henderson continued to shout. Minister Gallagher.

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

I am explaining how it has come to pass that detainees were released into the community. In relation to the specific matter that Senator Cash raises, we are aware of that case. We will not comment on individual cases. It's before the courts, and we will not risk prejudicing court proceedings. We will do everything in our power, as we have been doing, to deport individuals who have no right to be in the country and to keep the community safe. This is a matter the government takes incredibly seriously. Our law enforcement agencies—the ABF, the AFP, the state and territory police forces—are working together, and they are doing an extraordinary job. When there is a matter, whether it be a breach of a visa condition or an individual is arrested, then we will manage that as well. (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 Minister for Immigration, Citizenship and Multicultural Affairs, Minister Giles, said in the other place on 13 February, of the 149 hardcore criminals he released into the community following the NZYQ decision, that 'each one of them is being continuously monitored'. How can they have been continuously monitored if this individual was able to commit the further sexual offences he has now been charged with?

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

I'll just remind Senator Cash, because it doesn't seem to be penetrating, that the High Court made a decision.

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

Senator Ruston!

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

Is Senator Cash suggesting that the government should not follow the law of the land? Is that what she is suggesting?

In relation to the arrangements that have been put in place, this parliament has passed a number of laws to ensure the safety of the community.

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

Minister Gallagher, please resume your seat. Order! Senator McKim. Senator Ruston, I called you several times and you continue to interject. Silence across the chamber.

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

Individuals in this cohort are being monitored in compliance with the arrangements that have been put in place by this place and, indeed, by the other measures that have been put in place, whether it be through—

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

Senator Cash, you have asked your question.

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

assessment by the Community Protection Board. There are visa conditions—

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

Senator Cash!

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

electronic monitoring devices, curfews, community safety supervision orders and preventive detention as the four layers of protection.

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

Order! I should not have to constantly call Senator Cash, in particular, to order. A second supplementary, Senator Cash?

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

How many other serious sexual offenders are currently at large in Victoria, and will you accept responsibility for your government's failure to keep Victorians safe?

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. The government is working day and night to keep the community safe. There are laws in place that you backed in. What you are suggesting, Senator Cash—and I presume it represents the opposition position—is that the law enforcement agencies that are working day and night to keep the community safe aren't doing a good enough job. Is that what you're suggesting? That is what you are suggesting. It is implicit in the way you are asking—

Hon. Senators:

Honourable senators interjecting—

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

Minister Gallagher, please resume your seat. Order! If you want to make a comment, find another time during the time the Senate is sitting, not question time. I have constantly called a number of you to order. You are out of order, and you are disrespectful.

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

The government set up Operation AEGIS. That has a number of elements to it, all focused on keeping the community safe. This is the government's No. 1 priority. When an offence occurs, the law enforcement agencies respond, as they have. That matter is now before the court. Safety is our main priority, and your suggestion, Senator Cash, is that law enforcement aren't doing their job properly. That is it. We do not accept that. It is a slur on them. Their work is extraordinary. (Time expired)