Weekend Times


The Times

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 Psychology of Your Floor Plan: How Layout Shapes the Way You Live

When most people think about designing a new home, they focus on finishes, colours, or even the kitchen benchtop. But the quiet hero of liveability is the floor plan. A...

Parrtjima opens in Australia’s Red Centre

Free event in Alice Springs will lift spirits every night until 20 September Parrtjima – A Festival in Light launched last night with an incredible display of lighting installations and interactive...

Diamonds & Why They Are The Popular Choice For Any Occasion Here In Australia

Diamonds have been an incredibly popular gem for many years now and they continue to be so even now in 2024. It seems like the perfect jewel to choose for...

Smart Lock: The Future of Home Security and Convenience

A smart lock has revolutionized the way people think about home security. Moving beyond traditional keys and mechanical locks, smart locks bring technology and convenience together, offering homeowners and businesses a new...

Airbnb bans party houses

PARTY HOUSE BAN BY AIRBNB WELCOMED BY STRATA SECTOR A decision by Airbnb to ban so called party houses has been applauded by the strata sector in New South Wales and...

Wedding DJ vs Live Band: Which Is the Right Choice for Your Wedding?

Choosing the right music for your wedding is one of your most important decisions. Music has the power to set the mood, create memorable moments, and ensure your guests have...

Understanding the Power of Smart Home Automation in Modern Living

Technology is no longer confined to our pockets and workplaces—it has made a confident entrance into our homes. Among the most impactful technological trends reshaping domestic life is smart home...

Why Choosing The Right Sleep Apnea Mask Can Improve Your Daily Life

Sleep is the body’s reset button, but for individuals dealing with interrupted breathing, nights can feel restless and incomplete. This is where a sleep apnea mask becomes an essential part of...

Why Timely Air Conditioning Repair Is Important for Comfort, Efficiency, and System Longevity

A functioning air conditioning system is essential for maintaining a comfortable home, especially during warm weather. When the unit begins to show signs of trouble—such as weak airflow, unusual noises...

hacklink hack forum hacklink film izle hacklink testpadişahbetgalabetNon GAMSTOP Casinosbeste online casinonon GamStop casinos UKNon GamStop Sitesjojobetonline casinos australiaonline casinosonline casino australiacasinos not on GamStopzlybrarypadişahbet güncelcasibombetgarantijojobetjojobetbetparkjojobetDeneme bonusu veren siteler 2026