If the government goes too far, it will be inviting the courts to strike down the new law for “preventative detention” of refugees and asylum seekers.
Subscribe to gift this article
Gift 5 articles to anyone you choose each month when you subscribe.
Subscribe nowAlready a subscriber?
There are at least three ways the government’s new preventative detention regime could fall over in the High Court.
Any potential order will have to be tied to a criminal sentence, based on solid evidence and respect the line between punishment and protection of the community.
Fetching latest articles
Original URL: https://www.afr.com/politics/federal/three-potential-problems-with-new-detention-laws-20231204-p5eoto
