Plans to have inmates wear GPS ankle bracelets after they are released into the community following the Supreme Court ruling have hit a snag.
In the latest debacle, the federal agency charged with attaching the bracelets of former inmates may not have the legal right to do so.
The Supreme Court ruled on November 8 that it was unlawful to detain anyone indefinitely, leading to the release of 116 people – with murderers and rapists among the group.
The Albanian government has rushed to pass emergency laws imposing strict visa restrictions on those released, including monitoring bracelets.
The Australian Border Force (ABF), the agency tasked with attaching the bracelets, may not have legal authority to do so and its officers could be banned from fitting the devices.
The agency also has difficulty obtaining enough monitors.
Chaos continues to reign over whether released prisoners who pose a risk to the community will be fitted with GPS-tracking ankle bracelets
A Border Patrol spokeswoman said state and territory authorities had agreed to provide ankle bracelets to support the immediate response.
“This arrangement will help the Commonwealth prioritize community safety at this time and will remain in place until a more permanent operating model is established with our partner agencies,” she told the Western Australian.
However, Western Australian police said no request had been made to use the state’s 160 spare GPS bracelets.
The Australian Federal Police also said there had been no request from them for ankle bracelets, which they obtained from Corrective Services NSW.
WA Prime Minister Roger Cook has expressed his “frustration” at the situation.
“The new community safety measures must be enforced as quickly as possible and I urge the Commonwealth to ensure this happens,” he said.
“Where necessary, WA Police proactively monitor detainees and strict conditions have been imposed on the four reportable offenders who remain in the state. Our agents also remain ready to respond to any violations of the terms.”
WA Liberal leader Libby Mettam accused the Albanian and Cook governments of wavering hopelessly.
“Labor governments, both state and federal, have bungled this issue from the start,” she said.
‘The chaos could have been avoided if they had actually made this a priority.
Home Secretary Clare O’Neil was forced to admit on breakfast television on Wednesday that she did not know whether four asylum seeker sex offenders had ankle bracelets attached.
“The lack of information or detail about whether, how and where these offenders are monitored raises very real concerns about whether community safety is being appropriately prioritized.”
Home Secretary Clare O’Neil was forced to admit on breakfast television on Wednesday that she did not know whether four asylum seeker sex offenders released onto the streets by the High Court were wearing tracking bracelets.
Ms O’Neil struggled to answer a question about whether sex offenders released from immigration detention were wearing ankle bracelets, more than 18 hours after WA’s police commissioner confirmed four offenders in his state did not have the devices.
‘I’m sure many people have had their curfews and ankle bracelets rolled out. If I may just explain to your viewers, Minister Giles is required by law to review each of these cases on an individual basis,” she said.
Ms O’Neil’s blunder came after WA Police Commissioner Col Blanch spoke on Perth radio about the lack of tracking.
Five asylum seekers were released from Yongah Hill immigration detention, bringing the total in WA to 39. Eight of them were convicted of child abuse.
Australian Border Force officers may not be legally able to fit the bracelets, despite being the agency charged with overseeing their use
Four have since left Washington, with police revealing they have been unable to track down the four remaining sex offenders and track their whereabouts.
“The four in WA do not have GPS tracking so we don’t have the authority to turn them on,” Commissioner Blanch said.
‘But we will make home visits (and ask) what phone do you have, what computers do you use? We want you to always check in with us.
‘They are under the strictest conditions. If they fail to do so, we will arrest them and charge them with violating their reportable conditions.
‘We can knock on their door day and night and check whether they adhere to those conditions. I can guarantee that we are monitoring these people at the highest level under our current reportable offender regime.”
The new laws are also being challenged by a Chinese refugee known as S151, who arrived on a student visa in September 2001.
He is demanding a declaration from the court that the curfew and electronic tracking bracelet that are now part of his bridging visa conditions amount to a ‘punishment’.