Despite the rush to pass emergency laws in December, no community safety or supervision orders have been applied for. When the High Court ruling on indefinite immigration detention resulted in the release of 149 people in December 2023, the Albanese government jumped to pass emergency legislation for community safety or supervision orders. These orders would see freed detainees locked up again or subject to strict surveillance if they reoffended. However, as of January 31, no applications for orders have been made, despite 25 released detainees being charged. Instead, 113 of the detainees were subject to ankle monitoring bracelets and curfews.
Of the detainees released following the ruling, seven had previously committed murder or attempted murder; 37 were involved in sexual-based offending, including child sex offending; 72 had been involved in assault and violent offending, including kidnapping and armed robbery; 16 were involved in domestic violence and stalking; and 13 were involved in serious drug offending. Fewer than five were involved in people smuggling and low-level or no criminal offenses.
Immigration Minister Andrew Giles stated that community safety was paramount and the government brought together highly respected law enforcement officers to provide advice on combating the threat. “We also have now four layers of protection including stringent visa conditions, electronic monitoring, and curfew arrangements as well as preventative arrangements,” he told Parliament. The advisory board has met seven times since it was formed in December, in an effort to keep the community safe.
Home Affairs’ legal group manager Clare Sharpe told a parliamentary hearing that it took time to prepare an application under the new laws, due to the high evidence threshold and many documents involved for each person. It is critical to a successful application to get that information right. More than $13 million has been spent managing the released detainees following the High Court decision.