Times Media Advertising

The Times Australia
The Times World News

.

Government's preventative detention for ex-detainees who pose serious risks set to pass this week

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra

The government on Wednesday will introduce its legislation to enable preventative detention of former immigration detainees judged to pose a high risk of committing serious violent or sexual crimes.

The legislation will be brought into the Senate as an amendment to one of the earlier bills relating these people.

The House of Representatives will then deal with it on Thursday, before parliament rises for the year.

While there will be argy bargy about the detail, the Coalition is considered certain to pass the legislation, which is modelled on an existing law allowing preventative detention of those who are considered a terrorism risk.

The decision to allow a person to be detained would be up to a court.

The court would have to be satisfied “to a high degree of probability” that the person posed an “unacceptable risk of committing a serious violent or sexual offence” and that lesser measures would not deal with that risk.

The Immigration Minister would have to apply for a review of the order every 12 months. The maximum length of an order would be three years, but the minister could reapply for another order.

The legislation also provides for a court to grant a community safety supervision order, imposing restrictions on a person posing “an unacceptable risk of committing a serious violent or sexual offence”.

Clearly the legislation would apply to only a portion of the detainees.

More than 140 detainees have been released. Of the initial 92, 27 fell into the categories of “very serious violent offences, very serious crimes against children, very serious family or domestic violence or violent, sexual or exploitative offences”.

After the High Court found indefinite immigration detention to be unconstitutional the government rushed through legislation to enable it to monitor the ex-detainees, while it waited for the court to give its reasons for its judgement. The reasons have now been issued, and indicate room for re-detaining people.

As a second interim measure, last week the government introduced a bill to prevent paedophiles going near schools, and also preventing ex-detainees who had committed serious crimes contacting their former victims. The government’s new measures will now be grafted onto this bill which passed the lower house and is now before the Senate.

The opposition did not support that bill, leading Home Affairs Minister Clare O'Neil to accuse the opposition and its leader Peter Dutton of voting “to protect paedophiles over children”. She was backed up by Minister for Aged Care Anika Wells.

But Anthony Albanese avoided endorsing O'Neil’s words.

Agricultural Minister Murray Watt, appearing on Sky, on Sunday denied the ministers had gone too far. “I think that people like Clare O'Neil and Anika Wells are some of our strongest performers. They’re very capable, competent ministers, and all they’ve done is use language that […] Peter Dutton himself has used [in the past about Labor].

Read more https://theconversation.com/governments-preventative-detention-for-ex-detainees-who-pose-serious-risks-set-to-pass-this-week-219098

Times Magazine

Surprising things Aussies do to ‘manifest’ winning a dream home as Australia’s biggest ever prize unveiled

Dream Home Art Union has unveiled its biggest prize in its 70-year history supporting veterans - a...

A Beginner’s Guide To Louis Vuitton: The Style, The Products And The Global Obsession

Luxury fashion can sometimes appear intimidating to newcomers. The terminology, the prices, the bo...

Cartier: Discover the Collection That Became a Global Symbol of Luxury

Few luxury brands carry the same instant recognition as Cartier. The name itself evokes images of...

Cheap Wine in Australia: The Golden Age of Affordable Drinking

Australia has long enjoyed a reputation as one of the world’s great wine-producing nations, but fo...

Federal Budget and Motoring: Luxury Car Tax, Fuel Excise and the Cost of Driving in Australia

For millions of Australians, the Federal Budget is not an abstract economic document discussed onl...

Buying a New Car: Insider Tips

Buying a new car is one of the largest purchases many Australians make outside buying a home. Yet ...

The Times Features

Alison Penfold will fight to protect women in Sex Discr…

Member for Lyne Alison Penfold is standing up for women and their rights, set to introduce practic...

Surprising things Aussies do to ‘manifest’ winning a dr…

Dream Home Art Union has unveiled its biggest prize in its 70-year history supporting veterans - a...

Louis Vuitton Cruise 2027: Fashion’s Floating Spectacle…

The annual cruise collection from Louis Vuitton has once again proven why it remains one of the mo...

“We Just Want Certainty”: Small Businesses React To The…

Australia’s small business sector has delivered a mixed — and at times anxious — response to the F...

“I Thought It Would Cost $500”: The Great Australian DI…

Every weekend across Australia, ordinary people walk confidently into hardware stores believing th...

The Teals Say They Are Independent. The Budget Vote May…

Australia’s so-called “teal independents” have long argued they are not a political party. They in...

Property Still Attractive To Investors Post Federal Bud…

Australia’s federal budget may have shaken the property sector, but it has not destroyed investor ...

What to Expect from Your First Invisalign Treatment Con…

Thinking about straightening your teeth but not keen on traditional braces? You’re not alone. A lo...

Day Spa Culture in Australia: What to Look For Before B…

The modern day spa is no longer viewed as an occasional luxury reserved for celebrities, honeymoon...