Google AI
The Times Australia

Times Media Advertising

Federal government hasn’t applied for any preventative detention orders for ex-detainees, saying it takes a long time

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

The federal government has so far not applied to have any of those released from immigration detention after the November High Court judgement re-detained, according to figures released on Monday.

The government raced legislation through parliament in December to enable it to apply to a court for preventative detention orders.

Under sustained opposition questioning in the House of Representatives, Immigration Minister Andrew Giles said the government’s regime was modelled on the Coalition’s high risk offenders legislation, which had seen a lengthy time for any application to be made.

Figures released during Senate estimates hearings showed 24 of the 149 detainees released have been arrested and charged with offences - six for breaches of visa conditions and 18 for offences under state and territory law.

At the end of January, 113 of the ex-detainees had been required to wear ankle bracelets.

Details of the ex-detainees’ offences committed before their detention were released on Monday. They showed seven had been convicted of murder or attempted murder and 37 of sexually-based offences, including child sex offences.

Some 72 had convictions for assault and violent offending, kidnapping, and armed robbery; another 16 had convictions for domestic violence and stalking.

Thirteen had convictions for serious drug offences, less than five for serious people smuggling crimes and less than five for offences described as a “Low level or no criminality”.

Numbers include overseas offending in some cases.

The ex-detainees cannot be deported because no other country will take them or they are stateless.

The opposition unsuccessfully pressed Giles on whether any of the 36 people who were not wearing ankle bracelets had committed offences since leaving detention. In Senate estimates the government took the question on notice.

Giles declined to go into “operational matters”.

He said “the management of everyone in that cohort has been subject to the expert advice of the men and women of the community protection board”.

Giles repeatedly stressed the people had had to be released under the High Court decision, which would have been the case under any government. The court found they could not be indefinitely detained.

“Since then, we have been working around the clock to ensure the community is kept safe.

"We have done so by putting in place layers of protection. One of which is, of course, the regime that was the subject of legislation […] at the end of last year” providing for preventative detention.

Giles said the government’s preventative detention regime was modelled on the high-risk offenders scheme of the Coalition government.

“It took more than three years for the first continuing detention order application after that regime was enacted.

"And 10 months was the shortest period of time for an application to be made to the court under the members opposite.”

Opposition home affairs spokesman James Paterson said Senate processes had forced the government to “cough up” a whole lot of information. “Hopefully the government actually gets off their proverbial and makes an application to the court.”

Read more https://theconversation.com/federal-government-hasnt-applied-for-any-preventative-detention-orders-for-ex-detainees-saying-it-takes-a-long-time-223339

Times Magazine

Australians Are Keeping Their Cars Longer — And It’s Changing The Market

Australia’s car market is undergoing a subtle but important transformation. People are keeping th...

Streaming Fatigue: Australians Overwhelmed By Subscriptions

Streaming was once supposed to simplify entertainment. Instead, many Australians now feel overwhe...

Why Shopping Centres No Longer Feel Exciting

There was a time when going to the shopping centre felt like an event. Families spent entire Satu...

Harry And Meghan: Less Powerful As Royals, More Powerful As Content

For all the claims of “Harry and Meghan fatigue”, the world’s media still cannot stop talking abou...

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...

The Times Features

Property Paralysis: Buyers Hesitate As Australia’s Hous…

Australia’s property market may still be active, but beneath the auctions, listings and glossy rea...

The Return Of Practical Luxury: Buyers Want Quality Aga…

For years, consumer culture revolved around speed and abundance. Fast fashion.Fast furniture.Fast...

People Are Going Out Less — And Businesses Know It

Restaurants are full on some nights. Concerts still sell tickets. Sporting events attract crowds. ...

Why Shopping Centres No Longer Feel Exciting

There was a time when going to the shopping centre felt like an event. Families spent entire Satu...

The Liberal Party Faces Its Greatest Question Since Men…

When Robert Menzies founded the Liberal Party of Australia in the aftermath of World War II, Austr...

The Noise Around the 2026 Federal Budget Does Not Match…

Every time the government changes the rules around property investment, the same thing happens. Ph...

Hollywood’s Summer Spectacle Is Heading To Australia

American cinemas are entering one of the biggest blockbuster summers in years, and Australian audi...

Lasagne Takes Centre Stage at Chiswick Woollahra This W…

  This winter, Chiswick is launching a Lasagne Series, bringing together chefs from across the Solo...

WEST HQ WHAT’S ON

From major sporting moments and immersive family experiences to standout dining and world-class live...