At least two murderers or attempted murderers and 26 sex offenders released from immigration detention are not required to wear an electronic ankle monitor or observe a curfew.
Australian Border Force officials revealed at Senate estimates on Wednesday that half of the 153 non-citizens released as a result of the high court’s ruling on indefinite detention are not subject to electronic monitoring, including some convicted of serious offences.
The shadow home affairs minister, James Paterson, blasted exemptions being given to strict new visa conditions, arguing it is “one of the most lax community safety regimes” he had seen put in place.
The ABF commissioner, Michael Outram, defended the regime by saying there is a “big difference between some murders and other murders” and decision-makers are obliged to consider each case “on its own merits” and not apply the same visa conditions to all offenders in particular categories.
In February the Department of Home Affairs revealed seven of the non-citizens released as a result of the high court’s NZYQ decision had been convicted of murder or attempted murder.
On Wednesday ABF’s deputy commissioner regional operations, Vanessa Holben, revealed that “less than five” of these seven are subject to electronic monitoring and curfews. Paterson said it was “extraordinary” that this meant at least two people convicted of murder or attempted murder were not.
Holben noted there were “a range” of other conditions to monitor them, while Outram said there was a “a dedicated team in each state and territory to monitor compliance”.
Outram said the delegates’ decisions on curfews and ankle bracelets are made “judiciously and studiously” and consider a range of information including medical information, sentencing remarks and police intelligence.
Outram said ankle bracelets and curfews “while important tools are not a panacea”.
Paterson said “a murder is a murder” and demanded to know what possible extenuating circumstances could possibly justify at least two murderers not having ankle bracelets.
Outram said the offences “could be years ago”, as well as differences in the “rehabilitation” or prospects of rehabilitation of the person, and the potential risk of reoffending.
Outram said he worried about the independence of decisions, warning against putting delegates under such “external scrutiny that they cannot make decisions”.
Of the 39 convicted sex offenders in the NZYQ cohort only 13 have electronic monitoring and 12 have curfews. Of the 73 with convictions for assault, 45 have electronic monitoring and 38 have curfews.
In question time, the immigration minister, Andrew Giles, said: “This group of people are constantly being monitored as the ABF have advised, the location of every individual is known.
“The decisions made by delegates are informed by the work of the community protection board which is comprised of a range of expert people with deep experience in these areas who consider each case on its merits as the law requires.”
In answer to questions from Labor’s Varun Ghosh, officials confirmed that from 2014 to 2022, under the Coalition government, four murderers, alleged murderers or accessories to murder were released from immigration detention, 64 people with child sexual abuse offences, and 40 domestic violence offenders.
Officials confirmed that none of these were subject to electronic monitoring or curfews.
Labor’s Murray Watt, representing the immigration minister, said this was an “extraordinary development” proving the Coalition had “waged a political campaign demanding ministers resign, demanding all sorts of standards we now learn they have never complied with themselves”.
“What we’ve seen today is Mr Dutton’s political campaign on this issue completely blow up in his face.”
Earlier, Watt said while it “might be easy” to quibble with exemptions to the visa conditions but Labor had designed the regime to withstand court challenge, not toplease the Coalition.
