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Federal government agrees to toughen up immigration detention bill

The federal government has agreed to coalition amendments to toughen up draft laws imposing strict visa conditions on criminals being released from indefinite detention.

The bill, which is being fast tracked through parliament and is expected to pass on Thursday night, will impose conditions on former detainees such as ankle-tracking devices and curfews on previously.

Under the six opposition amendments, electronic monitoring and curfews would be made mandatory, rather than being at the discretion of the immigration minister, while those affected would be banned from taking part in organised activity that involves children.

Former detainees would also be barred from being within 150 metres of a school or daycare centre, while those who have been convicted of sexual assault or violence offences would be able to have a no-contact condition placed on their visa.

The amendments would also make each visa breach a separate offence, with mandatory minimum sentences imposed.

Immigration Minister Andrew Giles introduced the laws following the High Court decision last week which found indefinite detention was unlawful.

The laws, which will apply to the more than 80 detainees released since the High Court decision, will see new visa conditions imposed.

The opposition had been pushing the government on the potential threat posed by criminals, including three murderers and a number of sex offenders, who were released into the community.

Acting Prime Minister Richard Marles said the government agreed with the amendments in principle.

“The basis on which we are doing this is because we are in a position where this must be resolved immediately,” he told parliament.

Greens senator Sarah Hanson-Young criticised talks between Labor and the coalition on amendments as an “absolute disgrace”.

“The crossbench has not seen these amendments, the crossbench has not been briefed on them,” she told parliament.

“This government wants to work with the opposition to ram through this bill without notice.”

Opposition Leader Peter Dutton supported the laws in the lower house, but said the measures were too little, too late from the government.

Mr Giles said community safety was paramount.

“The government is working to ensure the individuals are managed appropriately under the relevant legal frameworks,” he told parliament.

Liberal senator James Paterson criticised Mr Albanese for dodging responsibility by jetting off overseas “while criminals remain free to roam the streets”.

Government Senate leader Penny Wong urged the opposition to stop “playing politics” and pass the legislation as soon as possible to keep Australians safe.

Greens immigration spokesman Nick McKim said the “draconian laws” would provide the minister with powers never before seen in Australia. 

“It is an utter disgrace, an abject craven capitulation by a party (Labor) that has forgotten where it has come from, and forgotten what it used to stand for,” he said.

The laws would create a two-tiered justice system for some migrants and refugees in comparison to Australians, he said.

The immigration minister said the measures such as electronic monitoring and curfews would not apply to all of the former detainees and assessments would be carried out to identify those at the greatest risk of reoffending.

“These measures are consistent with the legitimate objective of community safety and the rights and interests of the public,” Mr Giles said.

New visa requirements for the released detainees will force them to notify the government on a change of address, or any association with clubs or organisations or individuals involved in illegal activity.

Mr Dutton said community safety was put at risk by the release of the detainees following the court’s decisions.

“These are people who have committed serious offences and the likelihood of them reoffending is very, very high.”

By Andrew Brown, Kat Wong and Tess Ikonomou in Canberra

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