The emergency measures have reintroduced ankle monitoring and curfew restrictions for immigration detainees, despite a shock Supreme Court ruling that declared the practice unconstitutional.
Home Secretary Tony Burke confirmed on Thursday that Governor General Sam Mostyn had signed the regulations which will immediately reinstate the provisions.
While he introduced the new laws on Thursday, the rules will act as a stopgap before the laws are passed.
The new rules will also introduce a new ‘community protection test’ which will allow the Minister to reintroduce the use of ankle monitors and curfews if there is a ‘significant risk of causing serious harm to any part of the Australian community by committing a serious crime commit’. ‘.
The minister must “also be satisfied” that the conditions are “reasonably necessary and reasonably appropriate and appropriate for the purpose of protecting any part of the Australian community from serious harm”, Mr Burke said.
“Yesterday’s Supreme Court decision is not the decision the government wanted, but it is one we have prepared for. “The government is therefore in a position to take immediate steps to protect the safety of the community,” he said.
“These visa conditions are intended to protect the community, not as a punitive measure.”
The new headache for the Albanian government follows a Supreme Court ruling on Wednesday, which said it did not have the authority to impose the strict restrictions, including ankle protectors, on former detainees. The measures were ‘punitive and unjustifiable’.
Home Secretary Tony Burke said Labor was prepared for the High Court decision
The decision followed the court’s October 2023 NZYQ decision, which led to the release of 215 immigration detainees before Parliament passed laws to fit 143 members with electronic monitoring bracelets.
A curfew was also imposed on 126 detainees to restrict their movements.
The coalition adopted Wednesday’s ruling and issued an “explain” statement to leading opposition figures, including immigration spokesman Dan Tehan.
‘The effect of this decision will be that 215 dangerous non-citizen offenders, including 12 murderers, 66 sex offenders, 97 people convicted of assault, 15 perpetrators of domestic violence and others, will be free in the community without any form of supervision or curfews,” a spokesperson said. joint statement said.
“Sixty-five of these former detainees have been charged with new state and territory offenses since their release, with 45 remaining at large in the community.
“This loss exacerbates the Albanian government’s inability to use the preventive detention powers that parliament rushed through almost 12 months ago to re-detain high-risk offenders.”
There’s more to come.