March 20, 2024
Anger has flared over the Australian Federal Police’s handling of information into immigration detainees, with one Senator criticising what he called an “extraordinary” decision to hide details about the criminal histories of detainees who allegedly breached their visa conditions.
Liberal Senator James Paterson, speaking at a Senate estimates hearing on Tuesday night, pressed AFP Acting Commissioner Ian McCartney and Assistant Commissioner Kirsty Schofield for information on how many of the 152 former immigration detainees released by the High Court had been charged with breaching visa conditions, either by failing to report or breaking curfew restrictions.
Assistant Commissioner Schofield informed Senator Paterson that 10 detainees had been charged with breaches, but when the Senator pressed for detail on whether any of the detainees convicted of murder had also been charged with breaches, he was denied detail.
“I’m not going to go into the criminal history of the people who have been charged,” Commissioner Schofield said.
“Why not?” the Senator replied.
“It’s a privacy issue, it’s not appropriate,” Ms Schofield responded.
Senator Paterson said he was not asking for the names or any identifying features, only whether any convicted murderers had also committed Commonwealth offences by breaching visa conditions.
“Do you think the Australian people have a right to know whether any of the murderers out in the community have also breached their visa conditions?” he asked.
Acting Commissioner McCartney replied: “As a matter of protocol and process, we don’t reveal the criminal histories of the people we may have charged.”
The Senator said that was “extraordinary”.
“I think the community does have a right to know,” the Senator said.
“The ones who breached their visa conditions are now walking free … and we don’t know if any of those are former murderers, or charged with murder.”
Acting Commissioner McCartney replied: “I can understand your concern and your frustration.”
Following the High Court’s November 2023 decision striking down indefinite detention, 152 former immigration detainees were released into the broader community, including seven detainees convicted of murder or attempted murder and 36 convicted of sexual crimes, including child sex abuse offences.
The Senator asked how many sex offenders had been charged with breaching visa conditions, but he was not provided with any detail.
The AFP revealed that of the 10 detainees who had allegedly breached their visas, four were from Victoria, three from WA, two from NSW and one from Queensland.
At least three offenders also breached their conditions on multiple occasions, with one allegedly guilty of 10 curfew breaches.
Some in the community have expressed alarm and anger at the sudden release of detainees with criminal convictions who may pose a risk to public safety.
Senator Paterson pressed the AFP on how many detainees had been released without electronic monitoring, but Assistant Commissioner Schofield said the responsibility to monitor fell within the purview of the Australian Border Force.
On Wednesday, after reports emerged that one former detainee convicted of raping a 19-year-old in 2011 had been released without ankle bracelet monitoring and curfew conditions, Home Affairs Minister Clare O’Neil defended the government’s response to the detainee saga amid concerns for public safety.
According to The Australian an individual known as XTVC released under the High Court ruling in November was freed after launching a successful legal bid to have his strict visa conditions lifted earlier this year.
Ms O’Neil stressed that the government had agreed to the individual’s release because it was the most legally viable option.
“I can’t comment on that specific case. The Community Protection Board provides expert advice to the government on these matters and the government takes their advice,” she told Nine’s Today.
“I am an Australian woman and there is no way that anyone is apologising for the behaviour of this individual. I can tell you from the bottom of my heart that if I could do anything to put that person in detention I would do it.”
Liberal Senator Jane Hume accused the government of evading blame, reigniting calls for Immigration Minister Andrew Giles to resign.
“This is a crisis that seems to lurch from disaster to disaster every single week,” she said.
“This seems to be blaming anybody else other than yourself for your problems. Quite frankly Minister Giles needs to resign and Anthony Albanese needs to stop the
protection racquet for this incompetent minister.”
