NZYQ debacle: Labor under attack for shifting blame on ankle bracelets

Labor is under fire for shifting responsibility on the removal of ankle bracelets and curfews from criminals released from detention to a board of bureaucrats.

Home Affairs minister Clare O'Neil.

Labor is under attack for shifting responsibility on the removal of ankle bracelets and curfews from at least five criminals released from immigration detention to a board of bureaucrats, as court documents reveal more details about a man who took part in a riot on Christmas Island and had his surveillance requirements quietly removed late last year.

Legal experts and the ­Coalition have slammed the “lack of transparency” surrounding the detainee overseers governing the Community Protection Board, which provides ­advice to government on ­whether surveillance conditions should be removed from detainees released as a result of the NZYQ High Court decision.

The Australian this week revealed the government has dispelled at least four High Court cases brought by former detainees challenging the ankle bracelet monitoring and curfew conditions included in their bridging visas.

Grilled on the government’s decision to concede on the High Court challenges and lift the visa conditions, Home Affairs Minister Clare O’Neil shifted the responsibility to the Community Protection Board, which she ­established in December.

“The Community Protection Board does provide expert advice to government on these matters, and the government takes the ­advice,” Ms O’Neil told Seven’s Sunrise program.

“I’m an Australian woman; there’s no way that anyone is apologising for the behaviour of this individual, and I’ll say again … if I could do anything to put that person in detention, I would ­absolutely do it. If it were up to me, none of these people would ever have been released. Unfortunately … High Courts make decisions, government must ­account for those decisions.”

Ms O’Neil refused to answer questions about whether the government is bound to the advice of the Community Protection Board. The board is chaired by ABF assistance commissioner in immigration and compliance operations Sandra Jeffrey, and its deputy chair is ABF commander Jake Sharman.

Experts sitting on the board include former Queensland corrective services commissioner Peter Martin, youth justice advocate Carmel Guerra and former Victorian police chief commissioner Graham Ashton.

Former Queensland Commissioner of Correctional Services Peter Martin.

Home Affairs group manager of immigration Michael Thomas and ABF onshore detention ­assistance commissioner Sarah Nicholson are also members, along with child psychologist Monique Phipps and Home ­Affairs assistant secretary in migration Anton Bockwinkel.

While reports on Wednesday revealed the approximate salaries of Mr Martin, Ms Guerra and Mr Ashton – which ranged from $205,000 to $367,000 – the government refused to say how much had been budgeted for the remuneration of all nine members.

Opposition immigration spokesman Dan Tehan said the government was displaying “a lack of transparency” and questioned why the board was needed. “With regards to the board, it seems the only reason it has been set out is to protect a grossly incompetent minister,” he said.

Mr Tehan said the remuneration of all board members and the advice they were providing should be made public. Immigration silk Greg Barnes SC also said the government “ought to be transparent” about the process surrounding the board, saying “we need to know what its charter is, and what rules or criteria or protocol it is applying”.

Emeritus professor and constitutional law expert Greg Craven said while it was clear the government had appointed the board to be able to “point to some clever people” in announcing any decision around the detainees, he questioned whether the expert advice would really ensure Labor was “legally safe” or “influence the High Court” in its rulings.

“It’s not going to make any difference on the High Court in and of itself. You won’t be able to show up to the High Court and say ‘we had a bit of a chat to the constitutional experts group and they’re fine’ and the High Court will say ‘no worries’,” he said.

Immigration Minister Andrew Giles said community safety was Labor’s “first priority“.

“The independent Community Protection Board is made up of experts that Australians trust to keep them safe,” he said.

“We’ve engaged legal and security experts through the board to ensure we are always ready to respond, in the best interests of community safety.”

UNSW associate professor Daniel Ghezelbash said it was clear the board was meant to “insulate” Labor from constitutional challenges, but questioned whether that would “ultimately be successful”.

It comes as the government spends tens of thousands of dollars dispelling cases of ex-detainees who wish to remove ankle bracelet and curfew conditions included in their visas.

The Australian can reveal more details in a case in which the government paid $14,000 to dispel, brought against Immigration Minister Andrew Giles by an ex-detainee who wished to have their ankle bracelet and curfew requirements lifted.

The ex-detainee, known only as RVJB, had been found guilty by the courts of more than a dozen offences – including eight as a juvenile – since he arrived in Australia from Sudan in 2006.

Immigration minister Andrew Giles

He was convicted in December 2011 of resisting an officer in execution of duty and escaping police custody, landing himself on a 12-month good behaviour bond. Six months later, he was convicted in the NSW District Court of aggravated robbery and again trying to escape police custody, and was sentenced to three years in prison. RVJB’s refugee visa was cancelled in 2014, and he was detained. After taking part in a riot on Christmas Island in April 2017, he was sentenced to eight months in prison.

After being released following the NZYQ decision, RVJB challenged the ankle bracelet and curfew conditions imposed in his visa. Mr Giles removed the conditions and paid RVJB’s legal fees.

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