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ABC News
03-07-2025
- Politics
- ABC News
Tony Burke had a busy week with a cyber hack, arts backpedal and immigration detention debate
Welcome back to your weekly federal politics update, where Brett Worthington gets you up to speed on the happenings from Parliament House. The minister walked into a studio. Add in his three portfolios and on the surface it's classic joke structure. A man walks into a familiar environment and hilarity ensues. Tony Burke, the minister for home affairs and immigration, cyber security and the arts, was the man walking into the ABC studio this week. But once he started talking, it was clear that there wouldn't be a laugh anywhere in sight. Burke is one of the most senior figures in Prime Minister Anthony Albanese's government. When the parliament is sitting, he runs the House of Representatives and is among the names thrown around as could-be prime ministers one day (though, in fairness, there are no shortage of names that get thrown in that category). His hefty workload is a sign of the trust Albanese puts in him but it also means, as was the case this week, he's a man trying to put out many fires on many fronts. Burke's week started with a Sunday morning interview on Sky News, in which he conceded nobody in the so-called NZYQ cohort had come close to meeting the threshold to be re-detained. The cohort consists of hundreds of people released from immigration detention after a landmark High Court ruling found their detention was unconstitutional. The ruling prompted a raft of legislative responses rushed through the federal parliament at breakneck speed, including ankle monitoring, curfews and mandatory jail sentences for visa breaches. There was also the establishment of a preventative detention regime, which allows authorities to apply to a court to have someone re-detained if they were deemed a threat to the community. "No-one has come close to reaching the threshold that is in that legislation," Burke told Sky News. The minister's comments prompted Coalition cries that the laws need to be re-written, not that the Coalition was rushing to offer up any suggestions on what that might look like. Burke, instead, has other plans. "I keep meeting with the department and keep asking, 'OK what people do we have at different thresholds that we can run a case …' I'm not giving up, I'm going to keep doing it, but I'll tell you, to be honest, I would much prefer the individuals out of the country," he said. Given the whopping majority the government commands in the parliament, Coalition demands can be easily dismissed. Labor backbenchers furious that the party breached its platform kept stayed quiet when the government rushed mandatory sentencing laws through parliament last term. At the time, the spectre of a Peter Dutton-led Coalition government spooked those who might otherwise speak out against their party. But with Dutton now vanquished and another election years away, quietening concerns on the backbench will become a much harder feat. By Wednesday, Burke was walking into the ABC's studios in Melbourne, where another scandal was engulfing another portfolio. Hours earlier, Qantas admitted it had fallen victim to a massive cyber hack on a third-party platform that held the records of 6 million customers. The airline confirmed names, email addresses and phone numbers had been accessed, but credit card and passport details were not. Burke, wearing his cyber security hat, said he'd spoken with the acting chief executive twice earlier in the day and that the airline was fully co-operating with the government. "I know that Qantas have been doing a lot over time to uplift their cyber security," he said. "But, you know, any vulnerability is unacceptable." The interview was only just getting started and Burke was suddenly having to account for another scandal that had engulfed another of his portfolios. As he reached for his arts minister hat (you can decide what that might look like), he told the ABC that 20 minutes before he'd entered the studio he had taken a call from Creative Australia chief executive Adrian Collette. Collette was was ringing to tell Burke that Khaled Sabsabi had been reinstated as Australia's representative at the 2026 Venice Biennale. It's been a rollercoaster few months for Sabsabi, who was commissioned for the prestigious art event in February, only for him and curator Michael Dagostino to have their invitation rescinded a week later when the Creative Australia board intervened. Their initial announcement prompted criticism in the federal parliament, with Liberals condemning works from decades earlier that depicted former Hezbollah leader Hassan Nasrallah, and a 2006 work depicting the September 11 attacks. In the months since, there's been a review of the initial decision that found "no single or predominant failure of process, governance or decision making that resulted, ultimately, in the decision to rescind the selection of the artistic team", but instead "a series of missteps, assumptions and missed opportunities". Burke told the ABC that all decisions had been at arms-length from his office but that he had continue to support the board throughout. "When they made the decision to appoint, I said I supported it," Burke said. "When they made the decision to terminate, I said I'd support that." (The whole description sounded a lot like Pauline Hanson in 2018 when she insisted she hadn't flip flopped: "I said no originally, then I said yes. Then I have said no, and I've stuck to it." But we digress) The saga has seen prominent departures from Creative Australia. Burke insists the organisation retains his confidence. There's no doubt Burke, a guitarist, is a lover of the arts, particularly live music. But with everything else already on his dance card, the sector is closely waiting to decide if the portfolio needs to go to someone who can dedicate more time to the role given the dire outlook for parts of the $64 billion sector. Politicians are often accused of being out of touch and detached from the issues of real people. Anyone watching Sunrise on Wednesday morning got to see just how human they can be. Speaking about a horrific story that emerged from Victoria a day earlier, Housing Minister Clare O'Neil wiped away tears as she spoke of the panic she was struck by when she frantically checked if her children attended a centre linked to an alleged child sex offender. The incident prompted the state government to urge infectious diseases testing for about 1,200 children. Inquiries were launched, there were calls for a royal commission and the federal government quickly vowed it would cut the purse strings to centres that put child safety at risk. It's been a decade since a royal commissioner recommended working with children checks should be streamlined and standardised across the country, and federal education minister Jason Clare this week conceded implementing that change had taken too long. He conceded the system wasn't up to scratch and that change "can't happen soon enough". Like O'Neil, there are no shortage of parents of young children that sit around Albanese's cabinet table. The public has seen the outrage they felt following the revelations from Melbourne. They're also now watching to see what the government does to stop it happening again.
ABC News
01-07-2025
- Politics
- ABC News
Coalition demands rewrite of laws to re-detain NZYQ members
Unused laws to re-detain former immigration detainees released under the High Court's NZYQ ruling should be rewritten, the Coalition has said, after the government conceded it had not been able to use them. The federal government rushed "preventative detention" laws through in late 2023 with the Coalition's support, after a High Court ruling caused the release of dozens of people with serious criminal convictions who had served their time but remained in immigration detention. The laws enabled the government to apply to have high-risk members of roughly 300 people released from the NZYQ ruling placed back in detention, if they were deemed to pose a threat to community safety. After an ex-immigration detainee allegedly murdered a 62-year-old man at Footscray mall while on bail and wearing an ankle monitor, scrutiny has again returned to how the government is handling the NZYQ cohort. Shadow Immigration Minister Paul Scarr said the government had failed to use powers it had been given 16 months ago. "We were told that the work was underway, evidence was being collected … and then we have the shocking admission 16 months later that it wasn't practical to make applications," Senator Scarr said. "We should be looking at how to amend the legislation." The Coalition supported the government's 2023 Community Safety Orders, and moved its own amendments to that legislation. Senator Scarr acknowledged that, and did not offer proposals for how the scheme could be rewritten. But he said until the weekend, the government had been assuring it was in the process of applying to re-detain the cohort. Home Affairs Minister Tony Burke said on Sunday that the legislation had set a high bar for people to be placed back in detention and none of the cohort had yet met it. "The reality is the legal thresholds we are stuck with because of some of the decisions of the High Court are more difficult to reach than I wanted them to be," he said. The minister said he had not given up on that effort, but his preference now was to see the group deported. The government is wary of a further loss in the courts that could again restrict its legislative ability — the ruling in NZYQ that overturned two decades of precedent was that indefinite ongoing detention was punitive in nature, and therefore unlawful. There is a risk for government that detaining people who have not committed an offence, or applying overly harsh punishments to offences such as a breach of curfew or monitoring conditions, could also be thrown out in a High Court challenge. The Law Council of Australia said at the time of the laws being passed that preventative detention should only be allowed in exceptional circumstances and imposed after a fair hearing by a court.
West Australian
29-06-2025
- Politics
- West Australian
Australia immigration detainees preventative detention: Burke says high legal threshold may prevent jailing
Home Affairs Minister Tony Burke has conceded the incredibly high threshold on a preventative detention regime for criminal former immigration detainees means it's possible none will ever be locked up under it. But he says his preference is to remove them from the country as soon as possible anyway. The minister's comments come after Victorian police last week charged Yarraville man Lominja Friday Yokoju over a fatal assault in Melbourne. Mr Yokoju was among the group of immigration detainees known as the NZYQ cohort released from the Yonga Hill centre in 2023 after the High Court ruled that keeping non-citizens locked up indefinitely when they couldn't be deported was unconstitutional. He is due to face court again in October over the alleged murder. Mr Burke's ministerial predecessor rushed preventative detention laws through Parliament in December 2023 to establish a regime where those in the NZYQ cohort deemed a danger to the broader community could be subject to a 'community safety detention order'. However, more than 18 months later, no such orders have been issued. 'The reality is, the legal thresholds that we are stuck with because of some decisions of the High Court are more difficult to be able to reach than I want them to be,' Mr Burke told Sky News on Sunday. 'I've got a lot of resources that I've dedicated to this. No one has come close to reaching the threshold that is in that legislation. 'So I'm not giving up. I'm going to keep doing it, but I'll tell you, to be honest, I would much prefer the individuals out of the country altogether.' Mr Burke passed laws last year enabling Australia to pay third countries to take non-citizens it wants to deport, where it's not possible to return to their home country. The first three visas under that plan are currently being challenged through the High Court. 'As they go through the High Court, we've been winning the (other NZYQ-related) cases, which I've been really happy about, which is giving me more confidence that we're going to be able to start getting these people offshore,' Mr Burke said. 'My view is this: if you're on a visa, you are a guest in the country. And almost everybody who is a guest in Australia is a good guest, and a whole lot of them end up calling Australia home and becoming Australian citizens, and that's a great thing. 'But for people who breach that trust, you're entitled as a nation to say, well, your visa is cancelled and it's time for you to leave.' Shadow defence minister Angus Taylor said it was 'an imperative' that the Government keep dangerous people off the streets. 'The job for Tony Burke is to make sure that he is able to do that… We'll do whatever we have to do support that, but we'll also hold him to account on making sure he achieves that,' he said.
Sky News AU
28-06-2025
- Politics
- Sky News AU
Home Affairs Minister Tony Burke says legal bar too high for preventative detention of NZYQ offenders
Home Affairs Minister Tony Burke has indicated the Albanese government will effectively abandon efforts to use preventative detention measures against the NZYQ cohort of former immigration detainees. Mr Burke told Sky News Sunday Agenda that the government's repeated attempts to apply preventative detention on offending criminals had been stymied by legal hurdles. Despite dedicating significant resources, no cases have met the threshold necessary to justify locking up released detainees under the current laws. 'The reality is the legal thresholds that we are stuck with… are more difficult to be able to reach than I want them to be,' Mr Burke said. He suggested the government would instead pursue deportation and third-country resettlement for individuals on visas who have broken Australian laws. The government has attempted to resettle three members of the NZYQ cohort in Nauru, though their cases remain in the High Court. 'Those negotiations with third countries continue, but we had the first three visas be offered and those cases are going through the High Court,' Mr Burke said. 'As they go through the High Court, we've been winning the cases, which I've been really happy about, which is giving me more confidence.' The NZYQ cohort included 12 murderers or attempted murderers, 66 sex offenders, 97 people convicted of assault and 15 domestic violence perpetrators. At least 28 former immigration detainees have been charged with federal offences since the reissuing of bridging visas in 2024. 'If your visa is cancelled, you should be leaving the country. That is why visas are cancelled,' Mr Burke said. Pressed on whether the NZYQ cohort would ever be placed into preventative detention, Mr Burke said 'no one' had come close to reaching the legal threshold. "I'm not giving up, I'm going to keep (trying), but I'll tell you to be honest, I would much prefer the individuals out of the country altogether," he said. This statement follows a series of highly publicised violent crimes involving individuals from the NZYQ cohort. Shadow defence minister Angus Taylor told Sky News Sunday Agenda that Mr Burke needed to 'make sure' that offenders were kept off the streets. 'We've always been supportive of Labor doing what's necessary to keep these people off of the streets,' he said. 'And we'll do the same again, but, you know, the job for Tony Burke is to make sure that he is able to do that. 'The key here is to keep people off the street in these circumstances and it's always been too hard for this Labor government to achieve that but it has to be an imperative.' Among recent incidents was an alleged brutal assault by a 43-year-old former detainee on a bridging visa. 'This is another massive community safety failure by the Albanese government,' shadow home affairs minister Andrew Hastie recently said of the incident. 'This shocking attack is exactly the kind of scenario we sought to prevent when the parliament rushed through preventative detention powers for the NZYQ cohort. 'The government has not made a single application to keep these dangerous criminals off our streets.'
Time of India
22-06-2025
- Time of India
Photojournalist dies after brutal Melbourne assault by released immigration detainee
Dominic O'Brien, a veteran photojournalist, has died after an alleged assault in Footscray. Lominja Friday Yokoju, the suspect, was arrested. Yokoju was initially charged with intentionally causing serious injury. Following O'Brien's death, police are reviewing the charges. The incident has sparked public and political criticism regarding immigration detainee releases. Maribyrnong Council plans to improve safety in Footscray. Tired of too many ads? Remove Ads The suspect The veteran photojournalist Dominic O' Brien Police investigation Tired of too many ads? Remove Ads Veteran photojournalist Dominic O'Brien, 62, has died in hospital, six days after being allegedly assaulted in Footscray on Sunday, June 15. The incident occurred just before 10 am at the intersection of Nicholson and Paisley Streets in an outdoor shopping mall, where O'Brien was reportedly approached by 43‑year‑old Lominja Friday Yokoju Yokoju, a former immigration detainee on a bridging visa and part of the 'NZYQ cohort' released after a High Court ruling in late 2023, was arrested at the scene. He was initially charged with intentionally causing serious injury. Witnesses allege Yokoju struck and stomped on O'Brien's head during the O'Brien, a renowned photographer for major outlets including The Age , The Australian, Getty Images, AAP, and Reuters, was a well‑respected figure in photojournalism and known for his work with Indigenous communities in the Northern Territory. Colleagues described him as a 'talented storyteller' who embraced both analogue and digital photography O'Brien's death on Saturday morning, June 21, police confirmed they are reviewing the existing charges and may upgrade them pending the outcome of the post‑ remains in custody and is scheduled to face the Melbourne Magistrates' Court on October 20, 2025, for a committal incident has led to widespread public and political backlash. Figures such as Andrew Hastie and Brad Battin have criticized the government's handling of immigration detainee releases, while the Maribyrnong Council has pledged to bolster safety in Footscray.
