The Australian government has faced calls from the opposition to issue an apology to the Australian public as it pushes through new preventive detention laws.
These laws, which were passed by the parliament on Wednesday night, have raised concerns about the detention of individuals recently released from immigration detention who may pose a risk to community safety, as per Mail Online.
Australia Enacts Controversial Preventive Detention Laws
SAN FRANCISCO, CALIFORNIA - NOVEMBER 17: Australia's Prime Minister Anthony Albanese listens as President Joe Biden delivers remarks during the APEC Leaders Retreat on the last day of the Asia-Pacific Economic Cooperation (APEC) Leaders' Week at Moscone Center on November 17, 2023 in San Francisco, California. The APEC Summit takes place through November 17.
Under the new legislation, Immigration Minister Andrew Giles will have the authority to apply to a judge to imprison migrants with criminal records for violent or sexual offenses if they are deemed to pose an unacceptable risk to the public. The new measures are designed to create what are known as "community safety orders."
The House of Representatives voted 68 to 59 in favor of the legislation, following the Senate's approval a day earlier. The government has not disclosed how many individuals could be affected by these new detention measures, leaving many questions unanswered.
Giles defended the legislation, stating that preparations were already underway to implement the new preventive detention regime. He emphasized that it would allow the court to detain the most serious offenders who pose a significant risk to society.
Previously, federal law in Australia only allowed preventive detention for extremists convicted of terrorism offenses. However, state laws already allowed for the detention of certain rapists and violent criminals after their sentences expired.
The rushed passage of these laws has drawn criticism from various quarters. Amnesty International refugee rights adviser Graham Thom expressed alarm at the lack of appropriate parliamentary scrutiny, calling for a more balanced discussion on community safety and personal liberty.
Adam Bandt, leader of the Greens party, argued that these laws created a harsher justice system for individuals who are not Australian citizens, pointing out that not all of them had committed heinous crimes, according to ABC News.
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Controversy Over High Court Ruling on Detention Laws
The backdrop for these new laws includes a recent High Court ruling that deemed the indefinite detention of a stateless Rohingya man unconstitutional. The ruling stated that the government could no longer indefinitely detain foreigners who had been refused Australian visas but could not be deported to their homelands, and no third country would accept them.
Since the court's ruling, several individuals have been released from immigration detention, with some required to wear ankle tracking bracelets and adhere to nightly curfews.
However, concerns have arisen as several of these recently freed migrants have already been arrested on new charges, including breaking curfews, theft, indecent assault, and drug possession.
The new legislation establishes a preventive detention and community safety order regime that is modeled on the existing high-risk terrorist offender scheme, according to Home Affairs Minister Clare O'Neil.
While the government asserts that these laws are necessary to protect public safety, they have sparked a heated debate over civil liberties and the treatment of migrants in Australia. The opposition's demand for an apology reflects the deep divisions and controversy surrounding these measures, Yahoo News reported.
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