The federal government says it will introduce new legislation after the High Court struck down a law allowing those released from immigration detention to be monitored by electronic ankle bracelets. The ruling comes as it was revealed more than 200 people have now been released since the High Court's shock decision last year that indefinite immigration detention is unlawful.
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00:00It wasn't the result the Government wanted. The law had given the Minister power to order
00:07individuals released from indefinite immigration detention to wear an electronic bracelet and
00:14live under a curfew. It was introduced after it emerged the group included convicted murderers
00:20and rapists, some of whom re-offended. After the ruling, the Opposition urged the Government
00:26to say what it will do now. So far 224 people have been released from indefinite immigration
00:42detention because there is no prospect of them being removed from Australia. 150 of
00:49those were ordered to wear an electronic ankle bracelet and 130 were subject to a curfew.
00:56But today the Court found the measures amount to punishment, which under the Constitution
01:01can only be dished out by the courts. The Government must act immediately to abide by
01:07the ruling of the High Court, which found that those conditions were unlawful and unconstitutional.
01:14The Government says it's prepared and the Immigration Minister has already signed off
01:19on a new regulation to allow the continued use of electronic monitoring devices and curfews.
01:26In addition to that I'll be introducing some legislation to Parliament tomorrow. That new
01:31legislation will back up what's in the regulation and the new laws will also increase the Government's
01:38powers. Tony Burke's also promising more resources
01:41and stronger powers to remove people to a third country. But the Government's High Court
01:47woes aren't over yet, with more challenges linked to last year's decision ahead, including
01:54two as early as next week.