Terror-style laws on cards for detainees after sweeping reforms passed

The group of people, including convicted murderers and rapists, released after a High Court decision are likely to have further restrictions placed on them.

Some of the most serious offenders released into the community after a landmark High Court ruling could be put back behind bars in terrorist-style legislation reportedly being canvassed by the Albanese government.

The parliament rushed through emergency legislation on Thursday to place restrictions on 93 non-citizens released from indefinite detention after the High Court overturned 20 years of precedent to find the practice unlawful.

The government had initially said it would await the full reasons from the High Court before considering legislation but introduced and passed – with Coalition amendments – measures within a day on Thursday.

The law now requires the group to wear ankle bracelets and abide by curfews, with mandatory minimum sentences to be imposed for breaches.

That group, who have failed the government’s character test but cannot be deported for various reasons, is expected to grow in the weeks ahead, with the High Court’s full reasons not expected to be released until next year.

Home Affairs Minister Clare O’Neil said further legislation would be considered when the High Court released its reasons. Picture: NCA NewsWire / Martin Ollman

The Coalition has warned stronger measures are still needed and has called for the government to look for ways to redetain the most serious of the detainees – a cohort that includes convicted murderers, rapists and pedophiles.

Home Affairs Minister Clare O’Neil on Sunday said it was “not possible” under the High Court decision.

Now, according to the Nine Newspapers, the government is said to be seeking legal advice on whether preventive detention-style laws – similar to those used to deal with terrorists – is possible for the non-citizens who served time in jail for serious, violent offences.

Government sources say a variety of further legislative options are being considered.

Ms O’Neil has maintained that the legislation will need to be reconsidered once the High Court publishes its reasons for its decision.

“When the reasons for decision are handed down at the beginning of next year, we will then be able to look at what else we can do about this,” she said on Sunday.

Opposition Leader Peter Dutton said the Coalition would support “whatever can legally be done to get these people back in custody”.

“We committed last week to putting in place whatever we can to try and help the Australian public stay safe,” he told Channel 7.

“Because many of these people are criminals with serious offences, multiple offending against different victims and the likelihood of them committing more crimes against more Australian citizens is really high.”

Peter Dutton hit out at Prime Minister Anthony Albanese for going overseas while the fallout over the High Court decision was happening at home. Picture: NCA NewsWire / Martin Ollman

He said he remained incredulous that the government had not prepared draft legislation in the lead-up to the decision.

Ms O’Neil on the weekend revealed that the Commonwealth was under the impression it would win the High Court battle but had prepared for the alternative.

Mr Dutton doubled down in his criticism on the government on Tuesday morning, saying it “should have started charging the legislation in June”.

“The government should have been designing a preventive detention regime,” he said.

“It seems now that they are looking at that, but it should have been done back in June.”

The opposition’s foreign affairs spokesman Simon Birmingham said the government had a responsibility to keep Australians “safe and secure”.

“We want to see action taken, but it is quite remarkable how flat-footed and this flip-flopping that we’re seeing from the government,” he told ABC Radio.