Google AI

Weekend Times


The Times

Business 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].

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

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

The Weekend Times Magazine

Let's talk about nits!

My daughter struggled with nits for 8 years until I found this miracle cure Nits. The one-word granted to strike fear into mums everywhere … and have them immediately scratching their...

Why Rainwater Tanks Are Becoming Essential For Australian Homes

Water conservation has become increasingly important across Australia due to changing weather conditions, rising utility costs, and growing environmental awareness. Many homeowners are now investing in Rainwater Tanks to collect and...

The Biggest Mistakes People Make When Hiring Lawyers in Sydney

Choosing the right legal help can feel daunting, especially when time is short and the stakes feel high. Many people start by searching for lawyers in Sydney, then rely on...

Brisbane Compensation Lawyers for Work Injury Damages

Suffering a work-related injury can turn your life upside down. The physical pain, emotional stress, and financial uncertainty can feel overwhelming. If you’re in Brisbane and facing this situation, finding...

A Great Weekend Shopping Trip Isn't Just About Buying Things

Weekend shopping has changed. For many Australians, a Saturday outing was once built around visiting department stores, browsing specialty retailers and enjoying lunch at a nearby café. Today, many routine purchases happen...

Republicans have used a ‘law and order’ message to win elections before. This is why Trump could do it again

In 1991, Donald Trump’s mother, Mary, was mugged on a New York street. As Trump’s niece recounts in her new book, the young assailant slammed Mary’s head into her Rolls...

The Most Popular Tattoo Placements (and Why)

Choosing where to place your tattoo is almost as important as choosing the artwork itself. Placement affects how a tattoo looks, how it heals, how visible it is in day-to-day...

Tips for Choosing a Caravan for Australian Conditions

Australia's landscapes are unlike anywhere else in the world. From scorching outback heat and corrugated dirt tracks to coastal humidity and alpine cold, the demands placed on a caravan can...

This City of Museums is Deserve to be Put on Your Wishlist, Especially if You Are a First-Timer to Australia

Sydney is a multicultural city that has a lot of art in it. You can find street art on the city's outskirts and world-class art galleries. Sydney museum are countless...