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For what kinds of crimes would preventive detention be used?
Preventive detention can be used for terrorists or terrorism suspects already (yes, we already do this) so what other crimes will be added to the list? (Not all of the cohort have committed crimes.)
What I can tell you is that we’ll work through the detail of the law over the coming days. We’ve had a high court decision for about 17 hours now.
But the high court decision actually specifically refers to child sexual abuse as one of the grounds on which preventive detention might also be lawful.
We will work through these issues and will do so in a way that is fast but also constitutional. What we have seen on the other side of politics is a pretty torrid history of rushing laws, doing it improperly and writing things that aren’t constitutional, that are later thrown out by the high court and the consequence is that the Australian community is less safe.
We don’t want to make that mistake. We will work through this carefully.
The most important thing to understand from the high court’s ruling is that the high court has said that politicians don’t get to make that decision (indefinite detention).
And so politicians have previously been allowed to hold people in immigration detention for very long periods of time. The high court has told us that that’s not constitutional under these circumstances.
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