Tough new visa conditions for criminals released from detention become law

Fast-tracked laws subjecting criminals released from immigration detention to ankle tracking and curfews have passed federal parliament.

Andrew Giles wearing a suit and tie standing and speaking in the House of Representatives.

Immigration Minister Andrew Giles introduced the changes following the High Court decision last week that found indefinite detention was unlawful. Source: AAP / Mick Tsikas

KEY POINTS
  • Criminals released from immigration detention have to wear ankle monitors and adhere to curfews.
  • It comes after tough new laws passed the federal parliament.
  • The laws will apply to the more than 80 detainees released since a High Court decision.
Tough laws imposing strict visa conditions on criminals being released from indefinite detention have passed federal parliament.

The legislation passed in a late-night sitting of parliament on Thursday with amendments agreed to by the government and the coalition.

The bill, which has been fast-tracked through parliament, will impose conditions on former detainees .
A close up of a monitor attached to a person's ankle.
Criminals released from indefinite immigration detention will be forced to wear ankle bracelets. Source: AAP, AP / Matt Rourke
Under the amendments, electronic monitoring and curfews would be made mandatory, rather than being at the discretion of the immigration minister, while those affected would be banned from taking part in organised activity that involves children.

Former detainees would also be barred from being within 150 metres of a school or daycare centre, while those who have been convicted of sexual assault or violence offences would be able to have a no-contact condition placed on their visa.

Each visa breach would be considered a separate offence, with mandatory minimum sentences imposed.

Immigration Minister Andrew Giles introduced the changes following that found indefinite detention was unlawful.

The laws will apply to the more than 80 detainees released since the High Court decision.

The Opposition had been pushing the government on the potential threat posed by criminals, including three murderers and a number of sex offenders, who were released into the community.

Giles said the safety of the community remained the highest priority.

"From the moment the High Court handed down its decision we have been implementing measures to keep the community safe," he told parliament.

Opposition immigration spokesman Dan Tehan said the laws were a good first step following the High Court decision.

"We've taken significant some significant steps to keep the community safe. We still think there is further steps that need to be taken, but that's a debate now for another day," he said.
Acting Prime Minister Richard Marles said the government agreed with the amendments in principle.

"The basis on which we are doing this is because we are in a position where this must be resolved immediately," he told parliament.

Greens senator Sarah Hanson-Young criticised the amendments as an "absolute disgrace", in addition to being an attack on democracy and the rule of law.

"I know there are members of the Labor Party who are hanging their heads in shame," she said.

"They know that ramming this piece of legislation through is wrong, is immoral."

Andrew Giles says the safety of the Australian community is paramount. Liberal senator James Paterson criticised Albanese for dodging responsibility by jetting off overseas "while criminals remain free to roam the streets".

Government Senate leader Penny Wong urged the opposition to stop "playing politics" and pass the legislation as soon as possible to keep Australians safe.

Greens immigration spokesman Nick McKim said the "draconian laws" would provide the minister with powers never before seen in Australia, and the passing of the legislation was a "dark day".

"It is an utter disgrace, an abject craven capitulation by a party (Labor) that has forgotten where it has come from, and forgotten what it used to stand for," he said.

The laws would create a two-tiered justice system for some migrants and refugees in comparison with Australians, he said.

New visa requirements for the released detainees will force them to notify the government on a change of address, or any association with clubs or organisations or individuals involved in illegal activity.

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4 min read
Published 17 November 2023 8:48am
Updated 17 November 2023 7:05pm
Source: AAP



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