Senator the Hon Michaelia Cash

Shadow Attorney-General

Shadow Minister for Employment and Workplace Relations

Deputy Leader of the Opposition in the Senate

Sky News Afternoon Agenda

4 December 2023

Topics: Peta Murphy’s passing, immigration detention

E&OE.

Kieran Gilbert

Joining me now live in the studio is Liberal frontbencher, Michaelia Cash and a very sad day for the parliament with the passing of Peta Murphy, as we saw there, here just last week and advocating for her community.

Senator Cash

And it shows the caliber of the type of person that she was, quite frankly. That despite having cancer, despite having advanced stage cancer, she was still able to come to Parliament to advocate for in this instance, it was the National Register for metastatic breast cancer. So on behalf of certainly the opposition, we join with the government and we send our condolences, but also just our very best wishes to her family.

Kieran Gilbert

It’s a very sad day when a member of parliament loses their life and Peta Murphy at the age of just 50

Senator Cash

Young age of 50.

Kieran Gilbert

And a big contribution on the breast cancer issue specifically, that was a big focus of hers.

Senator Cash

Absolutely. And I look at the legacy that she leaves. And you know, she wasn’t even a Liberal and I have to pay respect to her. She was someone who stood up for what she believed in but more than that Kieran – as I said, the fact that she was here just last week, nothing stopped her in advocating for what she believed in. And again, I don’t wish this upon anybody and certainly to her husband and her family, our deepest condolences.

Kieran Gilbert

A lot of very, understandably, very sad members of the Labor Party here in our parliament today. It’s a tragic day for them and for the Parliament more broadly, let’s look at the this issue that’s dominating the final sitting of the week, and that is the preventative detention framework. I’ll ask you the same question I put to Paul Fletcher last hour. Is it your starting point that you want this passed before?

Senator Cash

Well, let us be very, very clear. The Coalition has from almost day one for over a month now been saying to the government, bring in a preventative detention regime. My question is, why has it taken almost a month, but as Peter Dutton said this morning, we are working cooperatively with the government, we want to ensure the safety and security of Australians. It is a very complex piece of legislation. Both Dan Tehan and I were briefed initially this morning, we’ll be briefed again tomorrow. There are a number of questions though, that we do still have. And the first is how many of the 148 people who we now know were released into the community? Will the Minister make applications in relation to the government were unable to tell us that this morning?

Kieran Gilbert

Peter Dutton mentioned a very small number, is that your concern? What is it based on?

Senator Cash

Absolutely, so basically, we know that as of question time today, there are now 148 criminals that have been released into the community. It has taken the government one month to bring this legislation into the parliament, they’ll bring it in on Wednesday, the amendments that is to the Senate, I would have thought the government would have a very clear understanding as to how many of the 148, the regime actually applies to. So I have to say when we asked them this morning, both Dan and I were very surprised that there was no clear answer. But more than that, these regimes are done in conjunction with the states and territories, because you utilize the state and territory courts. Imagine our disbelief when Dan and I found out that this issue was not raised with the state and territory Attorney-General’s last week, when they met. Imagine our surprise when we found out little to no discussions have taken place with the states and territories. So this morning, Peter Dutton wrote to Albanese and he said, you have a national cabinet this week, please put this urgently on the agenda.

Kieran Gilbert

Why would it be such a small number though? Can you clarify that?

Senator Cash

Well again, the bar is very high. Obviously it’s in relation to a maximum jail term of seven years or more. The question more so is, in relation to the 148 that we now know are in the community. Why isn’t the government in a position to tell us how many, a) the regime applies to but b) is the Minister going to make application in relation to and also is the Minister currently preparing an application in relation to NZYQ in anticipation of the legislation passing? So as I said…

Kieran Gilbert

Surely the government would expect more than just a handful to be returned?

Senator Cash

Well again, that’s the question we asked them. I was surprised this morning Kieran and when the Ministers were unable to say to Dan and I the actual number. The biggest issue I have with this government’s, chaotic handling from day one. From day one – Peter Dutton, James Patterson, have said bring in a preventative detention regime. What did Clare O’Neil say, it cannot be done. She howled down, the Coalition’s call for a preventative detention regime. It’s taken over a month.

Kieran Gilbert

That was in the context of no High Court reasons? When the reasons were published, it moved in this direction

Senator Cash

Hold on, hold on, you prepare Kieran for every contingency as a government. In May of this year, the government were on notice that this may be the result. It was the government, the Attorney-General ticked off in particular, on the Human Rights Commission, actually making submissions to the court that would result in this outcome, the government in May of this year knew this could be the outcome, and they failed to prepare for it.

Kieran Gilbert

As the Shadow Attorney-General, you would want these laws to stack up and then if they’re going to stack up, don’t you need to have the full context of the High Court reasons before you put this legislation together?

Senator Cash

And again, why hadn’t the government though, in the first instance prepared all of this, why weren’t they in negotiations with the Opposition from day one? Why haven’t they been in discussions with the states and territories in relation to a preventative detention regime? As I said, we will work cooperatively with the government. Peter Dutton has made that clear. However, there are a number of outstanding questions which we will work through tomorrow with the government. But in the first instance, the very basic questions 148 have now been let out, how many are you going to make application in relation to a basic question like that? The government had no answer.

Kieran Gilbert

And so again, if we conclude where we begin a discussion on this topic, your instinct though is to back this given you’ve been advocating for the preventative framework from the get go?

Senator Cash

My instinct is to ensure the security and safety of the Australian people and as I said, we are going to work constructively with them. Dan Tehan and I, in briefings this morning, we only got the legislation very late last night. It is incredibly complex. But certainly, we have a record that we stand on in terms of protecting the Australian people. And we will continue to stand on that record and work with the government.

Kieran Gilbert

Shadow Attorney-General Michaelia Cash, thanks.

Senator Cash

Great to be with you Kieran.