Saturday, March 2, 2024

Ministers briefed on lock-up legal guidelines a month earlier than Excessive Courtroom ruling

On Monday morning, it was revealed no detention purposes had been made regardless of 18 former detainees having been charged with new offences by state authorities since their launch.

Paperwork tabled within the Senate revealed that of the 149 freed detainees, seven had beforehand been convicted of homicide or tried homicide, 37 of sexual offences, and 72 of assault and violent offending, kidnapping or armed theft.

Whereas the Coalition seized on the information to accuse the Labor of inaction, the federal government mentioned it was unrealistic to count on detention purposes to be rotated within the two months because the regime started.

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Beneath questioning from Paterson on Monday night time, Sharp additionally revealed authorized recommendation forward of the Excessive Courtroom determination flagged the circumstances connected to the preliminary visas the cohort was launched on have been non-binding given the freed folks couldn’t be re-detained.

“As soon as the orders had been made by the Excessive Courtroom, we knew we couldn’t put folks again in detention,” she mentioned.

In late November the federal government launched laws to use strict visa circumstances to the detainees, together with a requirement to put on digital monitoring anklets and report back to authorities day by day, with breaches attracting a one-year jail time period after the invoice was strengthened by the Coalition.

In late December, The Guardian revealed circumstances had been eased for 3 former detainees who challenged their constitutional validity within the Excessive Courtroom.

On Monday, departmental officers mentioned the federal government had confronted a complete of six Excessive Courtroom challenges over the visa circumstances, 5 of which had been withdrawn after circumstances have been eased, however Sharp mentioned it was a “correlation fairly than causation” between the authorized outcomes and the decreased circumstances.

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