Ex-detainee, convicted sex pest Aliyawar Yawari classified as ‘serious violent or sex offender’ under federal law changes

The sex offender at the centre of a political uproar in Adelaide would be caught up in new laws rushed through on Wednesday.

Former immigration detainees convicted of a serious crime that carries a sentence of more than seven years imprisonment could be returned to jail after an overnight law change.

Under the new law, 65-year-old Afghanistan ex-detainee Aliyawar Yawari, who can now be classified as a “serious violent or sex offender” could have been returned to detention by the government, but his alleged involvement in an indecent assault put him back behind bars before the legislation was passed.

The changes, which were rushed through by the government on Wednesday evening, mean non-citizens deemed to be “a serious violent or sexual offender” can be re-detained if the government presents evidence of their risk to each state/territory’s court.

The legislative changes define a “serious violent or sexual offender” as a person who has been convicted of a crime which carries a minimum sentence of seven years imprisonment.

While this means any former detainee released by the High Court with a conviction carrying a minimum sentence of seven years, it’s not a given that every “serious” offender will be returned to custody.

The law change will allow the government to intervene, and apply for the serious offender to be re-detained, or supervised in the community, under a preventative order.

Under the new Community Safety Orders (CSO) the government has the power to manage “the risk posed by non-citizens who have been convicted of certain serious offences.”

“The Minister of Immigration will be empowered to apply to a court for a community safety detention order or community safety supervision order,” a memo from the government said.

Recently released detainee Aliyawar Yawari was arrested on December 4. Picture: 7 News

Police allege Yawari allegedly assaulted a woman in Pooraka. Picture Dean Martin

“A CSO would apply for a maximum of three years, but must be reviewed every 12 months to determine whether the person poses a continuing risk to the community.”

On December 5, The Advertiser revealed Yawari had been arrested after allegedly indecently assaulting a woman in Pooraka.

The ex-detainee was convicted of indecently assaulting elderly women between 2013-2014, and was jailed for three years and eleven months.

In South Australia, the maximum penalty for indecent assault is 8 years imprisonment.

Coalition Immigration spokesman Dan Tehan told The Advertiser that the Albanese government had failed their “most important job” after five detainees were re-arrested after their release.

“That is to keep the Australian people safe,” Mr Tehan said.

“The Australian people don’t trust Labor to keep them safe because the government has made a total mess of this issue. The released detainees are committing crimes and our community is less safe.”

Yawari was detained in the Yongah Hill Immigration Detention Centre before his release in November. Picture: Rebecca Le May

Nearly 150 ex-detainees – including convicted rapists, child abusers, murderers and drug traffickers – were released back into the Australian community following a High Court decision in November, with the government facing rapidly growing pressure to ensure the safety of the community.

Of the 148 released, six are residing in South Australia – with one behind bars.

However, in some states, ex-detainees have already returned to custody for alleged further offending.

Despite the rapid changes, there are still calls for the government to do more to protect the community, as the CSOs only affect those who have serious convictions holding a minimum 7 years imprisonment penalty.

The Australian Border Force is remaining tight lipped about where the remaining 5 detainees are living in South Australia.

“Due to privacy reasons, the Department and ABF do not comment on individual cases,” an ABF spokesman said.

“The Department of Home Affairs and ABF have legislated obligations to protect personal and sensitive information.

“The Department can only disclose information where the Privacy Act 1988 and various Acts the Department administers authorise us to do so.”