Convicted terrorist Abdul Nacer Brenbrika’s detention order expires December 23, 2023

The man who planned terrorist attacks at the MCG and Melbourne’s Crown casino may soon be freed into the community after a series of federal government blunders.

Abdul Nacer Benbrika – one of Australia’s most notorious terrorists who plotted to bomb the MCG – is set to be released into the community within two weeks as a result of federal government bungling.

The Victorian Supreme Court is due to rule imminently on what restrictions he will face amid fears the public will be put at risk.

But, after a series of blunders by successive governments, Attorney-General Mark Dreyfus has confirmed there are no ongoing moves to keep the dangerous terrorist locked up.

It comes amid a major backlash against the Albanese government over the release of 148 criminal refugees from detention – including rapists, murderers and drug traffickers – leading to six being rearrested within weeks for fresh offences and breaches of their conditions.

The radical Muslim cleric’s 15-year prison term for leading a terror cell conspiring to attack the MCG and Crown casino in Melbourne, and Lucas Heights nuclear reactor in Sydney ended in 2020.

Benbrika was then put on a “continuing detention order”, which is due to expire on December 23, when it reaches its three-year maximum.

Abdul Nacer Benbrika.

Neither the Coalition nor Labor governments have changed the law to keep the firebrand cleric behind bars under a longer detention order.

Mr Dreyfus said Justice Elizabeth Hollingworth would soon rule on whether Benbrika would be put on an extended supervision order when he is released.

But there are fears about how much protection court-imposed conditions and monitoring requirements will provide the community from the 62-year-old fanatic.

Opposition legal affairs spokeswoman Senator Michaelia Cash said she was baffled that the Attorney-General had not applied for a new continuing detention order.

“What now appears certain is that Benbrika will be released into the community with some sort of supervision or none at all – this is unacceptable,“ Senator Cash said.

“Considering the debacle we continue to see in relation to the detainees the government has released into the community the Coalition has no confidence the Albanese government can adequately protect Australians from the potential dangers posed by Benbrika and others.”

Abdul Nacer Benbrika is in the detention complex at a Victorian jail.

Benbrika, who was born in Algeria, in November won an appeal to have his Australian citizenship restored after the High Court found the law which then-home affairs minister Peter Dutton used to revoke it in 2020 was invalid.

On Monday, Premier Jacinta Allan said Brenbrika’s release was a matter for the federal government but said the safety of the Victorian community was her biggest priority.

“It is a matter for the federal government and there is a Supreme Court process that is under way so I am limited in what I can say about the specifics of this individual,” she said.

“The overall setting that guides our discussions, with in this instance the federal government, on these matters continues to be the safety and the security of the Victorian community.”

Ms Allan added: “There are well established arrangements between federal and state police forces and security forces around arrangements for people of interest.

“It’s very difficult to comment on this case because it is in the courts right now.”

Constitutional law expert Prof George Williams said after what had happened with the indefinite detention saga the federal government “will want to keep the community safe”.

However, Prof Williams said it was “inherently difficult to determine future risk”, after concerns were raised about the violent extremism risk assessment tool.

“They (the government) do need to convince a judge that they have the evidence and it’s justified,” he said.

The University of NSW academic said if the government did make significant changes following the parliamentary security and intelligence committee review, they might be challenged again.

“They walk what I call a constitutional tightrope in this area,” Prof Williams said. “If they go too far the whole thing could fall over.”

About 50 people have been released into the community after doing jail time for terrorism offences since 2001.

The parliament’s powerful security and intelligence committee is reviewing both extended supervision orders and the continuing detention orders and is due to hand down its findings early next year.

The inquiry comes after an Independent National Security Legislation Monitor report this year called for continuing detention orders – which Benbrika is on – to be abolished.