Google AI
The Times Australia

Times Media Advertising

Government to introduce urgent legislation after High Court strikes down law to monitor former immigration detainees

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



The High Court has struck down the Albanese government’s law enabling it to impose ankle bracelets and curfews on the more than 200 non-citizens it released from immigration detention in 2023 after  an earlier decision by the court.

Wednesday’s decision, by a five-two majority, found the measures “punitive” and an infringement of the constitution.

The plaintiff in the case  was a stateless Eritrean who was released from immigration detention last November. He was later charged  with six offences  for failing to comply with his monitoring and curfew conditions. The charges are  pending  in the Magistrates’ Court of Victoria.  His earlier criminal record includes a 2017 conviction for offences of burglary and causing injury.

Legislation for the measures was rushed through parliament a year ago, in response to the release of the detainees, many of whom had serious criminal records, including for murder, rape and assault.

During consideration of the bill, the opposition forced the government to toughen it – from providing for the measures only where needed for community safety, to saying the minister must act unless satisfied the person did not pose a risk.

At the time constitutional experts such as Anne Twomey, from the University of Sydney, as well as the Senate Standing Committee for the Scrutiny of Bills, expressed doubts about the legislation.

Twomey wrote: “the effects of the political bidding war to be seen as the ‘toughest’ and most punitive  towards non-citizens will make it infinitely harder for Commonwealth lawyers to defend these measures in the courts”.

The opposition said in a statement the effect of the court decision would be that “215 dangerous non-citizen offenders including 12 murderers, 66 sex offenders, 97 people convicted of assault, 15 domestic violence perpetrators and others will be free in the community without any monitoring or curfews”.

It said since being released, 65 of these people had been charged with new state or territory offences, with 45 remaining free in the community.

Minister for Home Affairs Tony Burke said regulations were being finalised for “an adjusted process” for electronic monitoring and curfews. “I will sign off on these regulations later today.”

Burke said that on Thursday he would introduce new legislation to support the regulations. That legislation would also strengthen the government’s power to remove to third countries people whose visas had been cancelled.

“The court decision is not the one the government wanted – but it is one the government has prepared for,” Burke said.

Read more https://theconversation.com/government-to-introduce-urgent-legislation-after-high-court-strikes-down-law-to-monitor-former-immigration-detainees-243027

Times Magazine

Offshore vs Inshore Centre Console Boats: Which One Should You Buy?

Centre console boats have become one of the most popular choices among modern anglers. Their open ...

Why Australian Enterprises Are Rethinking Their Core Communication Technologies

The corporate landscape in Australia has undergone a permanent structural shift over the past few ...

Road safety risk: New data reveals almost 2 in 3 Australian drivers are letting car maintenance slide as cost of living pressures bite

Australians are putting off vehicle maintenance and new research released on the eve of National R...

Technology

Why Australian Enterprises Are Reth…

The corporate landscape in Australia has undergone a permanent structural shift over the past few ...

Local News

QLD Day

On Saturday 6 June, parkrun events across the state will be a sea of maroon, with communities  str...

Culture

Covid: The pandemic has ended but the health …

Covid is no longer the daily emergency it was in 2020 and 2021. The fear, lockdowns, border closur...

Travel

Project Sunrise: Qantas Prepares to Change Lo…

For decades, travelling from Australia to Europe or the east coast of the United States has almost...

The Times Features

The Times Real Estate Road Trips - Melbourne South of t…

Melbourne – South of the Yarra Could You Live Here? Buying a home is one of life's biggest decis...

Project Sunrise: Qantas Prepares to Change Long-Haul Tr…

For decades, travelling from Australia to Europe or the east coast of the United States has almost...

Pauline Hanson at the National Press Club: A Defining P…

For almost 30 years, Senator Pauline Hanson has been one of the most recognisable and controversia...