Hashtag
The Times

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 Conversation

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

Health & Wellness

What Do Clinical Teams Need from Their Surgical Supply Partners?

Hashtag.net.au - avatar Hashtag.net.au

In clinical settings, surgical supply partners aren’t just vendors. They sit quietly behind the scenes of operating lists, specialist consultations, treatment rooms and recovery workflows. When they...

The Growing Focus on Communication Development in Children

Hashtag.net.au - avatar Hashtag.net.au

The early developmental years of a child's life represent a critical window for neurological growth, behavioural shaping, and language acquisition. During this formative phase, the ability to interpre...

Looking for a Family Dentist in Sydney? Here's What To Consider

Hashtag.net.au - avatar Hashtag.net.au

Finding the right family dentist in Sydney is one of the most important health decisions you can make for your household. With hundreds of practices spread across the city — from Beecroft to Bondi, Pa...

hacklink hack forum hacklink film izle hacklink Taraftarium24kumar sitelericasino non aams affidabilionline casinos australiaonline casinosonline casino australiaNew Non Gamstop Casinoscasibomjojobet电子书下载zlibraryDeneme bonusu veren siteler 2026Deneme bonusu veren siteler 2026Casibomjojobet girişjojobetjojobetjojobetjojobetjojobetmeritkingholiganbetbetparkgrandpashabetjojobetjojobetholiganbet