Registered sex offender third ex-detainee charged since High Court's immigration ruling

A third detainee released following the High Court's landmark ruling on indefinite immigration detention has been arrested, with police confirming he is a registered sex offender.

A sign for the High Court of Australia

The High Court of Australia in early November ruled indefinite detention was unlawful. Source: AAP / Mick Tsikas

KEY POINTS:
  • A third released detainee has been arrested since the High Court ruled indefinite detention unlawful.
  • The man was arrested in Dandenong for allegedly breaching his reporting conditions.
  • The 33-year-old is a registered sex offender, Victoria Police confirmed.
A man described as "a former ringleader of a child exploitation gang" has become the since the High Court ruled indefinite detention unlawful, as the government scrambles to pass laws enabling them to throw some back behind bars.

The Coalition has seized on the revelation to sharpen its attacks over the landmark ruling, saying Labor’s lack of preparation had "turned a bad result into a catastrophic one".

But Foreign Minister Penny Wong insists the government has been "working around the clock" to "fix the mess" left by the Coalition, with parliament to vote on laws allowing some detainees to be returned to detention on Tuesday.
A woman with short blonde hair in front of a red background.
Michaelia Cash has demanded the home affairs minister and immigration minister resign. Source: AAP / Mick Tsikas
Victoria Police have confirmed the man - a 33-year-old registered sex offender - was arrested in Dandenong on Tuesday and faced Dandenong Magistrates' Court the same afternoon.

"He was subsequently interviewed by police and charged with nine counts of fail to comply with reporting obligations. He has also been charged with trespass in relation to a reported incident in Dandenong on 24 November," they said.

"Victoria Police can confirm the man is one of the detainees recently released following . Victoria Police is always proactive in addressing community risk presented by those who would commit criminal acts.

"Registered sex offenders living in Victoria are also subject to significant and rigorous reporting obligations ... They are required to provide a range of information about their personal circumstances on a regular ongoing basis."

It comes just days after a 65-year-old detainee was charged with two counts of indecent assault, after being arrested at a hotel in Adelaide's north on Saturday. Australian Border Force on Sunday confirmed he was the second ex-detainee charged since the High Court ruling, with another in NSW also facing charges.

Coalition sharpens attack over Labor's 'catastrophic' response

The Coalition has accused the government of failing to adequately prepare for , which forced the release of at least 148 detainees into the community.

Speaking under parliamentary privilege, Opposition legal affairs spokesperson Michaelia Cash described the man as a "former ringleader of a child exploitation gang" and said a court was told he had "traded a pack of cigarettes for sex with a 13-year-old girl".

Cash said the man had reportedly been arrested for making contact with a minor.
Foreign Minister Penny Wong
Penny Wong said Labor had been forced to "clean up" the Coalition's mess. Source: AAP / Lukas Coch
"You had five months of warning that the [High Court] case might not go your way. But when the orders were handed down, the only thing your government was ready to do was to release these detainees into the Australian community," Cash told Wong in the Senate.

Opposition Senate leader Simon Birmingham insisted the government had been warned for five months that the High Court case ran the risk of overturning two decades of precedent.

"The Albanese government's failure to prepare for the High Court decision has turned a bad result into a catastrophic one," he said.

"Why was there no preparation? Why were there no contingencies? Why couldn’t your government make plans to keep Australians safe?"

Government fixing Coalition mess on detention, says Wong

Wong said the government had been working "around the clock to fix the mess we've inherited", with Labor seeking to pass legislation enabling it to place preventative detention orders on released detainees.

But the foreign minister stressed that while the government had argued against their release, it was not legally allowed to refuse the High Court's order.

She attacked the Coalition for voting against Labor's bid to toughen punishments for breaching conditions last week, which it argued did not go far enough.

"First they demanded tougher laws, then they voted with the Greens to oppose laws to keep the community safe. First, they said to slow down, and now they say to speed up," she said.

"We've done more in nine days than you've done in nine years."
Wong stressed that the 148 detainees had all arrived in Australia under the former Coalition government.

"Every one of those people were still here because [Coalition leader Peter] Dutton failed to do his job," she said.

"You had nine years to rearrange resettlement, and you didn't. Now, you want to complain about the consequences."

Wong said Coalition frontbenchers had not made themselves available to receive legal advice on the situation, despite the Opposition's public anger.

"[Coalition immigration spokesperson Dan] Tehan and has been at the Jericho pub races, [home affairs spokesperson James] Paterson is off visiting Harvard," she said.

"Senator Cash is right here in the building and able to go up to Sky News, but you cannot get to the minister's office."

Readers seeking support can contact Lifeline crisis support on 13 11 14, Suicide Call Back Service on 1300 659 467 and Kids Helpline on 1800 55 1800 (for young people aged 5 to 25). More information is available at and .

Anyone seeking information or support relating to sexual abuse can contact Bravehearts on 1800 272 831 or Blue Knot on 1300 657 380.

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5 min read
Published 5 December 2023 2:45pm
Updated 5 December 2023 4:41pm
By Finn McHugh
Source: SBS News


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