James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source

My question is to the Minister representing the Prime Minister, Senator Gallagher. A short while ago, the Australian Border Force confirmed that a convicted sex offender who was released following the NZYQ decision has been arrested and charged with further sex offences yesterday in Melbourne. Why did the government not apply for a community safety detention order to redetain this serial sex offender, a decision that could only be made by a minister, not law enforcement?

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

In relation to the matter that Senator Paterson raised, we are not going to comment on individual cases, because we will not prejudice court proceedings that are underway. We will continue to do everything in our power to keep the community safe; to deport individuals who have no right to be in the country; and to ensure that Operation AEGIS, which was established immediately following the High Court decision, has all of the support that the government can bring to it to ensure that law enforcement and security agencies are working together to deal with the release of this cohort of immigration detainees who were released by a decision of the High Court.

The minister is working every single day with those security agencies and with his state and territory colleagues to make sure that everything is done that can be done to keep the community safe. As you know, there is a range of work underway: the Department of Home Affairs, working with the Australian Border Force, working with the Community Protection Board. I have seen the work they are doing. I know you want to come in here to stir up and politicise all of these matters. Your natural inclination is to go straight to it, when you know exactly how hard those agencies are working. You know the challenges they face. You are seeking to undermine it here today.

Opposition Senators:

Opposition senators interjecting—

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

The minister is working with state and territory colleagues. He's working with all of the relevant agencies to keep the community safe. When there is an offence committed the law enforcement agencies respond as they have, and that matter is currently before the courts.

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

Senator Hughes, I do believe that was you who made the imputation against the minister. I'm going to ask you to withdraw.

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

Was it me? I called for him to be sacked.

James McGrath (Queensland, Liberal National Party, Shadow Assistant Minister to the Leader of the Opposition) Share this | Link to this | Hansard source

I'll withdraw.

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

I'm fairly certain it was Senator Hughes.

Hollie Hughes (NSW, Liberal Party, Shadow Assistant Minister for Climate Change and Energy) Share this | Link to this | Hansard source

I honestly wasn't calling out, but I withdraw. I don't know what it was.

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

You were calling out, Senator Hughes. Thank you for the withdrawal. Senator Paterson, first supplementary?

James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source

The Minister for Home Affairs has repeatedly said that, if it were up to her, all offenders released as a result of the High Court's decision would be in detention. Minister, it is up to her. Do you accept that this serious alleged offending could have been prevented if the minister had lived up to her word and applied to re-detain this individual?

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

Senator Gallagher.

Honourable senators interjecting—

Order! I'm going to sit the minister down again. Senator Hughes very graciously just got up and withdrew. I'm not sure if it was Senator Hughes who made the imputation, but there was an imputation made. The reason I didn't hear it was that this chamber is too noisy. Yelling out is inappropriate from either side. Minister Gallagher.

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

Thank you. It took the opposition three years after passing HRTO legislation to make the first application to the court. This is the system that you called for. It's the system that this parliament passed. And—if I can quote you—the shadow minister for home affairs said there is 'a very high legal threshold to be met' for a court to continue to agree to ongoing detention. 'We are all aware that there is a high threshold, and we knew that when we put the legislation through the parliament before Christmas.' So that's what you know. They're the facts. You come in here and conveniently run a different line to the one you know is true and the one I am quoting from. The government is doing everything it can to keep the community safe. We have preventative detention, community safety supervision orders, electronic monitoring devices, curfews—

Opposition Senators:

Opposition senators interjecting—

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

and stringent visa conditions, and we are working with all of our colleagues across the states and territories to keep the community safe. (Time expired)

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

Once again, the chamber just erupted into disorder. Senator Paterson, second supplementary?

James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source

Will the government now apologise to the alleged victims and the people of Melbourne that you have failed to protect through your own inaction by failing to make a single application for a preventative detention order despite the parliament rushing them through before Christmas?

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

On the first issue, I think this has been well ventilated, around the work that is being done on preventative detention, and Senator Paterson understands that. You understand it well and you choose to ignore it. By doing so, you are ignoring all of the work that is happening across government and you are undermining that work—you are undermining that work!

In relation to all of the victims that have been involved in the NZYQ cohort, of course the government is committed to ensuring that everything is done to support victims and their families, and an enormous amount of work has gone into that as well.

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

Minister, please resume your seat. Senator Paterson?

James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Link to this | Hansard source

My point of order is on direct relevance. The question was: will you apologise?

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

I believe the minister is being relevant but I will continue to listen.

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

Thank you. I was responding to that despite those opposite shouting at me. I can understand why Senator Paterson couldn't hear. We are committed to doing everything that we can—and I know the minister personally is—to support victims and their families who have been involved with this cohort. Senator Paterson understands exactly how much work is going into preventative detention. You know it and you come in here and you choose to ignore it. (Time expired)