1
00:00:02,120 --> 00:00:04,440
Speaker 1: My name is Lily Maddon and I'm a proud Arunda

2
00:00:04,680 --> 00:00:09,440
Speaker 1: Bunjelung Cargoton woman from Gadighl country. The Daily oz acknowledges

3
00:00:09,520 --> 00:00:11,720
Speaker 1: that this podcast is recorded on the lands of the

4
00:00:11,720 --> 00:00:15,280
Speaker 1: Gadighl people and pays respect to all Aboriginal and Torres

5
00:00:15,280 --> 00:00:18,200
Speaker 1: Strait Island and nations. We pay our respects to the

6
00:00:18,239 --> 00:00:21,000
Speaker 1: first peoples of these countries, both past and present.

7
00:00:25,000 --> 00:00:27,680
Speaker 2: Good morning and welcome to the Daily os. It is Thursday,

8
00:00:27,920 --> 00:00:31,240
Speaker 2: seventh of December. I'm Sam, I'm Zara. It's the last

9
00:00:31,240 --> 00:00:34,440
Speaker 2: sitting week for Parliament, but there is a lot happening

10
00:00:34,479 --> 00:00:37,880
Speaker 2: in Canberra. Four people who were recently released from indefinite

11
00:00:37,880 --> 00:00:41,440
Speaker 2: detention after a High Court ruling have since been arrested.

12
00:00:41,760 --> 00:00:43,880
Speaker 2: The government has spent much of the week trying to

13
00:00:44,000 --> 00:00:47,680
Speaker 2: rush through legislation in Parliament to redetain some of those

14
00:00:47,680 --> 00:00:51,280
Speaker 2: who were released. We'll explain why those people were repleased,

15
00:00:51,440 --> 00:00:54,319
Speaker 2: what the government has done, and what happens next, all

16
00:00:54,360 --> 00:00:57,040
Speaker 2: in today's day diet. But first aara what's making headlines.

17
00:00:57,600 --> 00:01:01,240
Speaker 3: New economic data from the Australian Bureau of Statistics has

18
00:01:01,280 --> 00:01:05,959
Speaker 3: shown that transport, accommodation and recreation industries all benefited from

19
00:01:05,959 --> 00:01:09,520
Speaker 3: the Women's soccer World Cup. That's despite slower than expected

20
00:01:09,640 --> 00:01:13,320
Speaker 3: overall economic growth of point two percent between July and September.

21
00:01:13,760 --> 00:01:16,399
Speaker 3: The ABS called economic growth for the quarter up modest.

22
00:01:16,880 --> 00:01:19,639
Speaker 3: The report found wages increased by one point three percent,

23
00:01:19,760 --> 00:01:22,960
Speaker 3: but the cost of petrol, rent and electricity also increased.

24
00:01:24,120 --> 00:01:26,160
Speaker 2: It's going to be hot this weekend, Zara. The Bureau

25
00:01:26,280 --> 00:01:29,679
Speaker 2: of Meteorology has issued a heat wave warning across large

26
00:01:29,720 --> 00:01:32,840
Speaker 2: parts of the country from now until Monday. It comes

27
00:01:32,880 --> 00:01:35,880
Speaker 2: amid forecast high temperatures today and tomorrow for much of

28
00:01:35,920 --> 00:01:39,800
Speaker 2: mainland Australia. The Bureau said a weather system developing over

29
00:01:39,800 --> 00:01:43,279
Speaker 2: the Solomon Sea could potentially bring a tropical cyclone towards

30
00:01:43,319 --> 00:01:44,920
Speaker 2: the Queensland coast next week.

31
00:01:46,440 --> 00:01:49,560
Speaker 3: Washington Post journalists in the US have planned twenty four

32
00:01:49,600 --> 00:01:52,040
Speaker 3: hours of strike action for today is part of a

33
00:01:52,080 --> 00:01:55,919
Speaker 3: dispute over job cuts, staff pay, and remote work policies.

34
00:01:56,320 --> 00:01:58,640
Speaker 3: A public letter from the Post Guild, the union that

35
00:01:58,680 --> 00:02:03,000
Speaker 3: represents Washington Post journalists, has asked readers to not engage

36
00:02:03,000 --> 00:02:06,440
Speaker 3: with any Washington Post content. Last year, the Washington Post

37
00:02:06,480 --> 00:02:09,280
Speaker 3: laid off around forty workers and trying to reduce the

38
00:02:09,360 --> 00:02:11,120
Speaker 3: number of staff by ten percent.

39
00:02:12,120 --> 00:02:16,200
Speaker 2: And today's good news. Scientists have created a snail inspired

40
00:02:16,320 --> 00:02:20,760
Speaker 2: robot designed to collect microplastics from the ocean. The flexible

41
00:02:20,800 --> 00:02:24,160
Speaker 2: structure of the robot, based on the Hawaiian apple snail,

42
00:02:24,480 --> 00:02:28,720
Speaker 2: is designed to suck up particles. Researchers at Cornell University

43
00:02:28,760 --> 00:02:30,840
Speaker 2: in the US said they were inspired by how the

44
00:02:30,880 --> 00:02:34,720
Speaker 2: snail collects food particles in the water and air. There

45
00:02:34,760 --> 00:02:37,919
Speaker 2: is further development needed before the robot will be ocean ready.

46
00:02:41,000 --> 00:02:44,119
Speaker 2: Four people have been charged with offenses after recently being

47
00:02:44,160 --> 00:02:45,920
Speaker 2: released from immigration detention.

48
00:02:46,440 --> 00:02:48,799
Speaker 3: It comes as the federal government is trying to rush

49
00:02:49,040 --> 00:02:51,560
Speaker 3: legislation through before the last sitting week of the year

50
00:02:51,760 --> 00:02:56,040
Speaker 3: ends so that some recently free detainees can now be redetained.

51
00:02:57,080 --> 00:03:00,920
Speaker 3: It's a very complicated story, but it is without a doubt,

52
00:03:00,919 --> 00:03:04,120
Speaker 3: the biggest political story this week. So, Sam, before we

53
00:03:04,160 --> 00:03:07,240
Speaker 3: get into the most recent update and these arrests and

54
00:03:07,240 --> 00:03:09,720
Speaker 3: whatever else, could you just give us a bit of

55
00:03:09,760 --> 00:03:12,120
Speaker 3: an overview as to how this story started.

56
00:03:12,440 --> 00:03:15,560
Speaker 2: Well, this is kind of an episode two of this story,

57
00:03:15,600 --> 00:03:18,959
Speaker 2: and I'll put episode one effectively in today's show notes.

58
00:03:19,040 --> 00:03:20,600
Speaker 2: It's worth all listen if you really want to go

59
00:03:20,639 --> 00:03:24,280
Speaker 2: back and understand some of the wider context around it,

60
00:03:24,320 --> 00:03:27,720
Speaker 2: but I'll give a quick overview now. So in November,

61
00:03:27,880 --> 00:03:31,720
Speaker 2: the High Court ruled that indefinite detention in Australia was unlawful,

62
00:03:31,919 --> 00:03:33,960
Speaker 2: and it made this decision in relation to a case

63
00:03:34,040 --> 00:03:37,440
Speaker 2: about a Rahinga refugee born in mean Mar known as

64
00:03:37,680 --> 00:03:42,120
Speaker 2: en zed Yq now Enzedyq, arrived in Australia by boat

65
00:03:42,360 --> 00:03:45,520
Speaker 2: in twenty twelve, so eleven years ago, and in twenty

66
00:03:45,560 --> 00:03:49,760
Speaker 2: fifteen he was charged and subsequently found guilty on one

67
00:03:49,920 --> 00:03:53,920
Speaker 2: count of child sex abuse in Australia. He was then

68
00:03:53,960 --> 00:03:58,080
Speaker 2: released on parole in twenty eighteen. So when that prison

69
00:03:58,120 --> 00:04:00,440
Speaker 2: sentence was over, he was in this kind of state

70
00:04:00,480 --> 00:04:04,400
Speaker 2: of limbo. He couldn't be settled here in Australia, but

71
00:04:04,480 --> 00:04:07,480
Speaker 2: he then also couldn't be returned to Myanmar because there

72
00:04:07,520 --> 00:04:10,400
Speaker 2: was a fear of persecution. So what happened was he

73
00:04:10,480 --> 00:04:14,559
Speaker 2: ended up being held in immigration detention in Australia indefinitely.

74
00:04:14,960 --> 00:04:17,480
Speaker 2: And it's at that point that lawyers took his case

75
00:04:17,520 --> 00:04:19,480
Speaker 2: to the High Court and they made a number of

76
00:04:19,600 --> 00:04:22,320
Speaker 2: arguments to the court, but the one that was ultimately

77
00:04:22,360 --> 00:04:27,960
Speaker 2: successful was their argument that indefinite detention was unconstitutional. Basically,

78
00:04:28,000 --> 00:04:32,360
Speaker 2: the court decided the constitution gives court's power to decide punishments,

79
00:04:32,760 --> 00:04:33,520
Speaker 2: not the government.

80
00:04:34,120 --> 00:04:38,359
Speaker 3: Okay, so that decision was monumental. Talk me through the

81
00:04:38,360 --> 00:04:39,800
Speaker 3: implications of that decision.

82
00:04:40,000 --> 00:04:43,640
Speaker 2: Well, for Nzedyq, it meant his immediate release, but he

83
00:04:43,720 --> 00:04:45,679
Speaker 2: wasn't the only one. There were more than one hundred

84
00:04:45,720 --> 00:04:49,719
Speaker 2: and forty detainees in similar circumstances that were all released. Now,

85
00:04:49,720 --> 00:04:52,640
Speaker 2: some of these detainees had a criminal history, had already

86
00:04:52,680 --> 00:04:57,279
Speaker 2: served their sentences, and all, like Nzyq, were being held

87
00:04:57,360 --> 00:05:00,440
Speaker 2: in this state of indefinite detention with no real respect

88
00:05:00,480 --> 00:05:03,360
Speaker 2: of being released anytime in the near future, perhaps even

89
00:05:03,400 --> 00:05:03,719
Speaker 2: at all.

90
00:05:03,960 --> 00:05:08,640
Speaker 3: And so this very big decision was handed down. Ultimately

91
00:05:08,839 --> 00:05:11,680
Speaker 3: the government had to respond fairly quickly to it. What

92
00:05:11,760 --> 00:05:13,440
Speaker 3: did they do, Well.

93
00:05:13,279 --> 00:05:15,400
Speaker 2: They kind of had to make this decision in real time,

94
00:05:15,480 --> 00:05:17,960
Speaker 2: and what they did was they quickly passed laws that

95
00:05:18,160 --> 00:05:22,000
Speaker 2: added strict conditions to those released. And this included things

96
00:05:22,040 --> 00:05:23,760
Speaker 2: like ankle monitors or curfews.

97
00:05:24,160 --> 00:05:26,919
Speaker 3: But people who were freed because of that decision have

98
00:05:27,040 --> 00:05:28,760
Speaker 3: been charged with reoffenses.

99
00:05:28,839 --> 00:05:32,400
Speaker 2: Yeah, that's right. So four people who were freed have

100
00:05:32,480 --> 00:05:36,040
Speaker 2: since been charged with new offenses in South Australia, New

101
00:05:36,080 --> 00:05:39,520
Speaker 2: South Wales and Victoria. Let's go to South Australia first.

102
00:05:39,680 --> 00:05:42,240
Speaker 2: That's where a sixty five year old man was charged

103
00:05:42,279 --> 00:05:45,600
Speaker 2: with two counts of indecent assault after police received reports

104
00:05:45,680 --> 00:05:48,679
Speaker 2: that a woman had been indecently assaulted by guests staying

105
00:05:48,720 --> 00:05:52,120
Speaker 2: at a hotel. Then in New South Wales, police arrested

106
00:05:52,160 --> 00:05:54,360
Speaker 2: a forty five year old man in Western Sydney over

107
00:05:54,400 --> 00:05:58,000
Speaker 2: possession of an illicit drug and that's suspected to be cannabis.

108
00:05:58,360 --> 00:06:01,080
Speaker 2: And in Victoria, a thirty three year old man was

109
00:06:01,160 --> 00:06:04,120
Speaker 2: charged with failing to regularly report to police, which he

110
00:06:04,200 --> 00:06:07,919
Speaker 2: is required to do as a registered sex offender. Also

111
00:06:07,960 --> 00:06:10,200
Speaker 2: in Victoria, a forty five year old man has been

112
00:06:10,279 --> 00:06:13,839
Speaker 2: charged with breaking his curfew requirements, and police allege he

113
00:06:13,960 --> 00:06:16,039
Speaker 2: also stole luggage from Melbourne Airport.

114
00:06:16,320 --> 00:06:18,600
Speaker 3: I will just jump in here though and say not

115
00:06:18,680 --> 00:06:21,039
Speaker 3: passing comment on any of these cases that are obviously

116
00:06:21,080 --> 00:06:24,720
Speaker 3: live with police, but when we are talking about reoffending,

117
00:06:24,880 --> 00:06:27,599
Speaker 3: because these people had all offended in the past, I

118
00:06:27,640 --> 00:06:30,919
Speaker 3: would just point to a Productivity Commission stat that says

119
00:06:30,960 --> 00:06:33,760
Speaker 3: that forty six percent of Australians released from jail in

120
00:06:33,839 --> 00:06:36,960
Speaker 3: twenty seventeen to eighteen were back in prison within two

121
00:06:37,080 --> 00:06:40,359
Speaker 3: years based on them reoffending during that time. So just

122
00:06:40,400 --> 00:06:42,919
Speaker 3: an interesting thing to put out in that context. But

123
00:06:43,040 --> 00:06:46,320
Speaker 3: clearly the government has a problem on their hands, and

124
00:06:46,320 --> 00:06:49,080
Speaker 3: that brings us to recent days where the government's been

125
00:06:49,120 --> 00:06:51,000
Speaker 3: really pushing forward this legislation.

126
00:06:51,440 --> 00:06:53,719
Speaker 2: Yeah, so they've been building out this set of laws,

127
00:06:53,760 --> 00:06:57,000
Speaker 2: and the laws are designed to redetain some of those

128
00:06:57,040 --> 00:06:59,599
Speaker 2: who are released and are deemed to pose what the

129
00:06:59,600 --> 00:07:04,240
Speaker 2: government describes as an unacceptable risk to community safety. Now,

130
00:07:04,240 --> 00:07:07,120
Speaker 2: these new laws are only going to affect people released

131
00:07:07,160 --> 00:07:11,120
Speaker 2: after last month's and Zyq decision, and they have to

132
00:07:11,160 --> 00:07:14,760
Speaker 2: have been convicted of a serious violent or sexual offense

133
00:07:14,840 --> 00:07:18,560
Speaker 2: that carried at least seven years prison as a maximum sentence. Now,

134
00:07:18,600 --> 00:07:21,160
Speaker 2: what these laws mean is that the detainees could be

135
00:07:21,160 --> 00:07:24,600
Speaker 2: held for an extra three years after their sentence if

136
00:07:24,640 --> 00:07:27,640
Speaker 2: the court is indeed satisfied that the person poses an

137
00:07:27,760 --> 00:07:31,960
Speaker 2: unacceptable risk of seriously harming the community by committing a serious,

138
00:07:32,040 --> 00:07:35,440
Speaker 2: violent or sexual offense. There are no limits to how

139
00:07:35,440 --> 00:07:37,680
Speaker 2: many times a three year order can be imposed on

140
00:07:37,760 --> 00:07:40,280
Speaker 2: a detainee, and the order will have to be reviewed

141
00:07:40,280 --> 00:07:40,840
Speaker 2: every year.

142
00:07:41,080 --> 00:07:43,200
Speaker 3: I think this is a really interesting story because it

143
00:07:43,240 --> 00:07:45,760
Speaker 3: goes to the interaction of the courts and the government

144
00:07:46,040 --> 00:07:49,360
Speaker 3: and kind of what happens in between. So talk to

145
00:07:49,400 --> 00:07:51,600
Speaker 3: me about the political fallout from all of this.

146
00:07:51,760 --> 00:07:55,080
Speaker 2: Well, the Opposition, led by Peter Dunton, has been hard

147
00:07:55,200 --> 00:07:57,720
Speaker 2: on the government this week. They've said that the government

148
00:07:57,760 --> 00:07:59,560
Speaker 2: needed to be a lot more prepared for the High

149
00:07:59,560 --> 00:08:03,640
Speaker 2: Courts to say decision, and several Coalition parliamentarians have said

150
00:08:03,640 --> 00:08:07,120
Speaker 2: the government actually should have had legislation ready knowing that

151
00:08:07,240 --> 00:08:10,000
Speaker 2: this High Court decision could have been passed down, and

152
00:08:10,120 --> 00:08:13,600
Speaker 2: ready to pass the laws straight away. Shadow Immigration Minister

153
00:08:13,680 --> 00:08:16,320
Speaker 2: Dan teen has also called for the Home Affairs Minister

154
00:08:16,400 --> 00:08:19,640
Speaker 2: Claire O'Neil and Immigration Minister Andrew Giles to step down

155
00:08:19,760 --> 00:08:20,120
Speaker 2: because of.

156
00:08:20,120 --> 00:08:21,600
Speaker 3: It, but they've rejected those.

157
00:08:21,560 --> 00:08:24,480
Speaker 2: They've rejected those calls. The government's replied to the opposition

158
00:08:24,880 --> 00:08:27,400
Speaker 2: is basically that you can't blame the government for a

159
00:08:27,440 --> 00:08:29,560
Speaker 2: decision made by the High Court and that goes to

160
00:08:29,600 --> 00:08:32,920
Speaker 2: the heart of Australia's constitution right the separation of the

161
00:08:32,960 --> 00:08:37,319
Speaker 2: government and the court system. The Attorney General Mark Dreyfuss said.

162
00:08:37,200 --> 00:08:41,000
Speaker 4: You are asking a cabinet minister to apologize for upholding

163
00:08:41,080 --> 00:08:44,840
Speaker 4: the law of Australia, for acting in accordance with the

164
00:08:44,920 --> 00:08:49,040
Speaker 4: law of Australia, for following the instructions of the High

165
00:08:49,040 --> 00:08:53,960
Speaker 4: Court of Australia. I will not be apologizing for upholding

166
00:08:54,000 --> 00:08:54,360
Speaker 4: the law.

167
00:08:54,520 --> 00:08:57,360
Speaker 3: That was quite a heated exchange, perhaps with a Sky

168
00:08:57,480 --> 00:09:01,440
Speaker 3: News journalist. So what happened next? From here? It's not

169
00:09:01,480 --> 00:09:02,120
Speaker 3: going to go away.

170
00:09:02,600 --> 00:09:05,000
Speaker 2: No, And we don't know exactly how many of the

171
00:09:05,000 --> 00:09:07,640
Speaker 2: one hundred and forty eight detainees will be impacted by

172
00:09:07,679 --> 00:09:11,360
Speaker 2: these new laws, but Immigration Minister Andrew Giles has told

173
00:09:11,400 --> 00:09:16,199
Speaker 2: reporters the government's already started drafting court applications to redetain

174
00:09:16,320 --> 00:09:19,680
Speaker 2: some people who he said have committed serious offenses.

175
00:09:21,120 --> 00:09:23,840
Speaker 3: Well, we'll be sure to keep you updated on exactly

176
00:09:23,880 --> 00:09:28,400
Speaker 3: what happens with this story as it unfolds. Thank you

177
00:09:28,440 --> 00:09:31,240
Speaker 3: so much for listening to today's episode of The Daily OS.

178
00:09:31,440 --> 00:09:34,400
Speaker 3: If you learned something or have any questions about this episode,

179
00:09:34,440 --> 00:09:36,480
Speaker 3: we'd love to hear from you in the Spotify Q

180
00:09:36,600 --> 00:09:38,679
Speaker 3: and A box. It's a great way for us to

181
00:09:39,040 --> 00:09:41,560
Speaker 3: understand what you're liking, what you're not liking, and how

182
00:09:41,640 --> 00:09:43,800
Speaker 3: to make this show the best we can. We'll be

183
00:09:43,840 --> 00:09:46,400
Speaker 3: back with you tomorrow, but until then have a great

184
00:09:46,480 --> 00:09:46,680
Speaker 3: date