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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-11-28 Daily Xml
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Immigrant Detention

Mr TELFER (Flinders) (15:57): My question is to the Minister for Police, Emergency Services and Correctional Services. Are there any community safety risks to South Australians due to the recent immigration detainee release by the federal government? With your leave, sir, and that of the house, I will explain.

Leave granted.

Mr TELFER: On 8 November, the High Court found that indefinite immigration detention was unlawful. Following the decision, at least 132 immigration detainees have been released into the community, including people convicted of murder, sex offences and other criminal convictions.

Members interjecting:

The SPEAKER: Member for Gibson!

The Hon. J.K. SZAKACS (Cheltenham—Minister for Police, Emergency Services and Correctional Services) (15:58): I thank the member for his question and I will do my best, not being the Minister responsible for the High Court, nor for the Attorney-General or for the federal Minister for Immigration, to provide a brief up for this. I recall that last time I was in this place and asked a question by the member, I gave the best that I could about the background to this and also particularly the circumstances that led to the release of these detainees, and there wasn't an interest from the other side.

But I can advise the member, as I did at the time, that there were between five and eight individuals SAPOL had suspected may have some links to South Australia and therefore may facilitate travel to South Australia. I can advise that number is now five. There are five individuals who have been released from federal detention as a result of the High Court decision who have or are suspected to be potentially travelling to South Australia.

Of course, since we were in this place last—again, all quite digestible from public information, but for the member's benefit—the federal government has announced a suite of direct funding for both the Australian Border Force and the Australian Federal Police, as well as legislative instruments that would seek to, and now do, apply to individuals who are subject to this release without existing or ordinary orders available to them.

On the most recent advice that I have received, I can advise that there are two individuals who have been released from federal immigration detention, who had live South Australian-based orders against them. What that means is that the Department for Correctional Services effectively could, and has, re-enlivened the monitoring, reporting and compliance that does lead to community safety outcomes—immediately. That's a good thing. We are somewhat fortunate in that case that those two individuals did have existing state-based monitoring or other orders applied to them. In that case, it is the Department for Correctional Services which has been applying the acute case management and electronic monitoring.

For other individuals who are subject to release from federal immigration detention as a result of this High Court decision, most of those don't have live state-based orders. In that case, the enabling legislation that has now passed through the federal parliament has given the ability for federal agencies—the Australian Border Force and the Australian Federal Police—to electronically monitor these individuals. It also gives the Australian Federal Police new powers to ensure compliance, investigation and, ultimately, prosecution.

In any case, no matter the individual and no matter the way that they find themselves in South Australia—they may be a permanent resident, they may have been born here, in fact they may be here for holidays for a couple of weeks—they are subject to the laws of this state. The laws of this state are applied by South Australia Police. They do so in a very profound way, they do so in a very good way, and I can give the member for Flinders and his question the assurance that SAPOL continues to keep our community safe, no matter who you are and in which manner you find yourself in South Australia.

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