Weekend Times


Google Workspace

Business News

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.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

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

The Weekend Times Magazine

The Importance Of Choosing Quality Boat Supplies For Safety, Performance And Enjoyable Boating

Whether you are a recreational boater, an angler or someone who spends frequent weekends exploring the shoreline, investing in reliable boat supplies is essential. Quality supplies improve the functionality of your...

Protecting Properties with Durable Security Fencing

From residential homes to large commercial facilities, strong and reliable fencing provides peace of mind by keeping intruders out and safeguarding what matters most. Among the many options available, security...

How to cook tender chicken breasts perfectly, every time

Celebrity chef, Manu Feildel, reveals his fail-safe, easy process to cook delicious, juicy chicken breasts – every time.   How often have you cooked chicken breast only to discover it’s dry and...

7 awesome things to do if you only have a weekend in Darwin, Australia

The city of Darwin in Australia is a very tropical place to be in. However, you can go there all year long to make a splash at the beach or...

Swimming with whales: you must know the risks and when it’s best to keep your distance

Three people were injured last month in separate humpback whale encounters off the Western Australia coast. The incidents happened during snorkelling tours on Ningaloo Reef when swimmers came too close to...

Why You Should Hire an Agent When Shopping For a Luxury Home

Many home buyers find themselves in a conundrum when they think about buying a luxury property. They're excited to shop for such an amazing home, but overwhelmed by the amount...

Trading With Quantum AI: A How-To Guide

Quantum AI can be used in any country where retail CFD trading is legal. The site does warn that registration spots are limited, so your first try might not be successful. If...

Effective Pest Control Solutions in Ballarat: What You Need to Know

Living in Ballarat means enjoying a beautiful regional lifestyle, but it also comes with its share of challenges—one of which is managing pests. From termites threatening your home’s structure to...

5 Top-Rated Tourist Attractions in Australia

Australia is an interesting country that has a spectacular beauty in the form of ancient rainforests, vibrant cities, sand islands, and turquoise beaches. Moreover, the people there are friendly and...