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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-11-16 Daily Xml
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Immigrant Detention

The Hon. J.M.A. LENSINK (14:50): I seek leave to make a brief statement before asking a question of the Attorney-General regarding criminals to be released in South Australia.

Leave granted.

The Hon. J.M.A. LENSINK: Earlier this week, it was confirmed that some 80 hardcore criminals, murderers and sex offenders would be released from detention. On Wednesday, South Australian police commissioner Grant Stevens appeared on FIVEaa and was asked about a possible five hardcore criminals to be released into South Australia. When asked how many of these people there are in the South Australian community, the commissioner responded:

I think we've got five. Well, there are five that are either here or maybe intending to travel here.

My questions for the minister are:

1. Does he share concerns that this will only result in more violent crime against South Australians?

2. Has he or other members of the cabinet raised concerns about this with Minister Giles and requested that South Australia not be the recipient of these criminals?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:52): I thank the honourable member for her question. I am aware of the issue to which the honourable member refers. I think it was earlier this month on 8 November that the High Court handed down its ruling in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs. That overturned previous decisions that had been adjudicated by the court under the commonwealth Migration Act, overturning a 2004 decision in Al-Kateb v Godwin.

I am advised that as a result of that decision and the court's ruling about indefinite detention there will be just under 100 people expected to be released from immigration detention following that decision. I am not aware of any mechanism that the federal or state government would have that would prohibit the entry into South Australia of any of those individuals. What I am advised, however, is that of those just under 100 individuals who had been in indefinite detention, having served a sentence for committing criminal offences but then being held in immigration detention, approximately five have an intention of coming to South Australia.

I am aware that the Commissioner of Police has been made aware of exactly who those individuals are and has stated that they are committed to making sure that those individuals are appropriately monitored and managed if they do come to South Australia. I am further aware that there is an intention, and it might even be as soon as today, of the federal government to introduce legislation that could require further and better monitoring of some of these people.

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