‘Trainwreck’: Mark Dreyfus ‘wrong’ on detainee ankle bracelet, says Michaelia Cash

Attorney-General Mark Dreyfus refuses to say who was responsible for removal of freed detainee Doukoshkan’s ankle bracelet before he allegedly bashed a Perth woman.

Attorney-General Mark Dreyfus says it is important to have experts on the Community Protection Board looking at conditions for the NZYQ freed-detainee cohort. Picture: NCA NewsWire / Luis Enrique Ascui

Attorney-General Mark Dreyfus has been accused of being “demonstrably wrong” and “not across his brief” on the contentious removal of an ankle bracelet from a former immigration detainee allegedly involved in a violent Perth home invasion, amid a deepening crisis for the Albanese government.

In an interview labelled a “trainwreck” by the Coalition, Mr Dreyfus refused to say if the Albanese government or Community Protection Board was ultimately responsible for removing Majid Jamshidi Doukoshkan’s ankle bracelet, an electronic monitoring tag, before he was allegedly involved in the attack on Ninette and Philip Simons.

Mr Dreyfus also would not say on two occasions if the board – established by the government last year to oversee the management of non-citizens released under the landmark NZYQ High Court decision – was independent.

“The legislation speaks for itself and anyone can go and read the legislation (and) can see the way in which this Community Protection Board operates,” Mr Dreyfus told ABC radio.

Senator Michaelia Cash at Parliament House in Canberra. Picture: NCA NewsWire / Martin Ollman

Opposition legal affairs spokeswoman Michaelia Cash seized on the remarks and demanded a correction, saying Mr Dreyfus had demonstrated he had no idea of the finer details of how the Albanese government’s Community Protection Board was established or operating.

“The Community Protection Board is not referred to in the legislation. Telling the Australian people that ‘the legislation speaks for itself’ and that ‘anyone can go and read the legislation and can see the way in which this community protection board operates’ is demonstrably wrong,’’ Senator Cash said.

“It shows the Attorney has no idea how this body is working and is simply not across his brief on the issue, despite the significance. He should correct the record.

“The government has been all over the place on this issue. Firstly, Prime Minister Albanese tried to claim the board was making decisions independent of government. Then Home Affairs Minister Clare O’Neil conceded it was not independent.

“And the Immigration Minister Andrew Giles won’t answer questions about the Albanese government’s mishandling of the released detainee who allegedly bashed a cancer survivor during a violent home robbery in Perth.”

Mr Giles announced the establishment of the Community Protection Board in December to advise him and Australian Border Force Commissioner Michael Outram on whether individuals in the NZYQ cohort released into the community required ankle bracelets or curfews, tougher visa conditions, preventative detention or community safety supervision orders.

Ninette Simons was the victim of an assault inside her Perth home.

Mr Dreyfus said later he had been misrepresented by the Coalition.

“The Attorney-General was referring to legislation which clearly spells out the decision-making powers of the (immigration) minister and the ability of the minister to delegate those powers – a common practice in a migration system requiring millions of decisions to be made each year,” the Attorney-General’s spokesman said.

“The legislation clearly shows delegates within the department can and are responsible for bridging visa conditions. The Community Protection Board is responsible for the advice it provides to the government. His comments have been misrepresented.”

Senator Cash noted the board was not established by legislation, had no statutory role and could not make decisions in relation to visas under the Migration Act.

She said ministerial responsibility – in which ministers were responsible to parliament for actions taken under their authority – was central to Australia’s system of government.

“There is no legislative mechanism guaranteeing its (the board’s) independence. Board members do not have any security of tenure or remuneration. The board can be abolished at any time. Decisions made in relation to visas in the NZYQ cohort are the responsibility of the minister or the minister’s delegate, not the Community Protection Board,” Senator Cash said.

“The government has admitted the minister did pass the decision-making power in regard to the NZYQ cohort, including the former detainee who allegedly bashed a Perth grandmother, to a delegate.”