Govt proposes tough controls on released immigration detainees

Leader of the government in the Senate, Penny Wong, said the government had agreed to six amendments in principle, and was working to solidify them after question time, before the bill could pass the upper house.

It is expected to pass Parliament on Thursday with Coalition support, while the Greens said they would oppose it.

The bill proposes amendments to the Migration Act and the Migration Regulations, to "support the effective management of non-citizens released from immigration detention", Immigration Minister Andrew Giles said in his first reading speech on Thursday morning.

The High Court's decision last week determined it was unlawful to detain a person in immigration indefinitely when there is no prospect of removing them from Australia in the foreseeable future.

This forced the government to release 84 people into the community, some of whom had been convicted of crimes and served their prison sentences before being detained. Mr Giles on Tuesday said this included "three murderers and several sex offenders".

Those judged to pose an "unacceptable risk of harm to the community" would be required to wear an electronic monitoring device, and adhere to curfews specified by the minister, as per conditions of their bridging visa.

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

Broader amendments would introduce mandatory obligations for visa holders to seek approval before entering a range of employment types, including those relating to vulnerable people and children.

They would also be required to report changes in finances, and accommodation circumstances to the government, as well as any travel, associations with clubs or organisations, or individuals, entities or organisations linked to criminal activities.

The bill proposes new criminal offences relating to the breach of mandatory visa reporting conditions, compliance with the curfew and compliance with wearing the electronic device.

Each offense would carry a maximum penalty of five years and equivalent penalty units to address serious repeated cases of non-compliance.

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Mr Giles flagged that more legislation could be in the works.

"The government will continue to work through the implications of this high court judgment and the ongoing engagement of visa holders is necessary to support this process," he said.

"These amendments are necessary as an immediate response following the high court's decision.

"Further responses may be required once we have received the High Court's reasons for decision."

Opposition Leader Peter Dutton claimed it was "dark day" for Australia, as the government sought to rush through the legislation.

Mr Dutton criticised the absence of Prime Minister Anthony Albanese who has travelled to San Francisco to attend an Asia Pacific Economic Cooperation meeting, saying "he should be here".

"I think it is completely, utterly unconscionable that the Prime Minister has not been here to deal with this matter," he said.

"The safety and security of the Australian population is the first charge of any leader of this country. And this prime minister is missing in action."

Mr Dutton accused the government of being caught out by the High Court ruling and a lack of preparation for its consequences.

Mr Dutton said the Coalition wanted more time to review the bill, but on first reading "it is completely and totally inadequate".

Home Affairs Minister Clare O'Neil hit back that Mr Dutton "never wrote laws as tough as this" during his time as home affairs minister.

"The legal advice that we have been given is that we are going as far as we can in order to manage the situation before us," Ms O'Neil said.

"We are in a rush, I would like to get this through the Parliament today and I need the opposition's support to do that," she said, adding this would be "a test for the opposition".

But Greens senator Nick McKim, the party's immigration spokesperson said the party was concerned about the necessity and proportionality of the legislation, as well as the limited appeal rights afforded to people.

Senator McKim called the situation a "confected emergency" and claimed there were a large number of people to whom the laws would be applied "who have never been convicted of a single crime".

"It is contrary to natural justice, it is contrary to the principles of a liberal democracy to expose one group of people because of their visa status to a regime of punitive punishment, that other people are not," he said.

It is not yet clear how many of the detainees had been convicted of crimes. Ms O'Neil said on Thursday: "Some of those people have committed deplorable, disgusting crimes."

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