Questions without notice and ministers statements
Immigration detention
Evan MULHOLLAND (Northern Metropolitan) (12:05): (366) My question is to the Attorney-General. Attorney, following the NZYQ decision by the High Court that indefinite immigration detention is not lawful, and with 141 people as of yesterday subsequently released into the Australian community, can you provide the house with an update of how many of those released are in Victoria?
Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:06): Mr Mulholland, it is not actually a matter for me. It is not information that the federal Minister for Home Affairs has provided to me as the Attorney-General. In relation to any community safety risks, any monitoring requirements and things, Victoria Police are well engaged in relation to those conversations. I am trying to be helpful, but it is not a question that I am the appropriate minister to ask, because they are federal matters and it is a police management issue.
Evan MULHOLLAND (Northern Metropolitan) (12:07): I would have thought the lead minister or the first legal officer would have known. Attorney, you might wish to take it on notice to ask questions on behalf of the Victorian community. But, Attorney, how are these former immigration detainees, some of whom have been found to have committed extremely serious crimes, including murder and sex offences, being monitored?
The PRESIDENT: The issue I have is – and I actually made a ruling in the last sitting week – that if an answer from a minister is that it is not a matter for her under the general orders then that is an answer, so it is hard to ask a supplementary on the matter, despite the minister doing her best to assist the chamber.
Evan MULHOLLAND: On a point of order, President, just to rephrase, will the Attorney-General ask the federal immigration minister how these former immigration detainees – as I said, some of whom have been found to have committed extremely serious crimes, including murder and sex offences – are being monitored and report back to the house?
The PRESIDENT: It is not for me to imagine what the minister’s answer would be, but I imagine the minister’s answer will be similar to her first answer – that it is a matter for the police minister – but I will let the minister answer as she sees fit.
Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:09): These are sensitive matters, but I think it is incumbent upon you, Mr Mulholland, to understand how federal and state relations work. Also, in relation to these matters, there are the Australian Federal Police, who work closely with Victoria Police, so the information that you seek would be best directed to the federal government in fact, but after that it would be Victoria Police, who for a range of reasons would ensure that information that they release is appropriate to ensure that community safety is paramount. But the information could only be provided by the Minister for Police in the way you have framed your question. You have asked me, and I am not the representative minister for the Minister for Police in this chamber.