Senator the Hon Michaelia Cash
Shadow Attorney-General
Shadow Minister for Employment and Workplace Relations
Deputy Leader of the Opposition in the Senate
TRANSCRIPT
Sky News Credlin
Topics: Detainees
2 May 2024
E&OE.
Peta Credlin
Welcome back still to come, a legal expert with over 40 years experience is going to weigh in on that decision to drop all criminal charges over Victoria’s 800 hotel quarantine deaths. But first, let’s get back into the detainee disaster because we’re now at the point where Labor’s is trying to pass the buck and blame the bureaucrats. In this instance, the Community Safety Board, which the PM says is independent of the government. Well wrong, the Board provides advice and recommendations to the government but in the end, it’s the Ministers who make the decisions. Joining me now to discuss the Shadow Attorney-General Michaela Cash. Well Senator, thank you for your time. The PM today tried to blame the bureaucracy but his own legislation says that everything this board might recommend still must be signed off by the Minister. So either he doesn’t know his laws, or he’s been deliberately misleading here in the hope they can avoid responsibility for the latest chapter in this unholy crisis. So what is it do you think?
Senator Cash
Well Peta, Mr. Albanese as Prime Minister of this country must sleep very well at night knowing that it does not matter what goes wrong under his government – it’s not his responsibility, it’s not the minister’s responsibility, it is somebody else’s responsibility. That is not the case. He has one responsibility as a Prime Minister, the first and foremost, to keep Australia and Australians safe. His government has actively made policy decisions that have made Australians less safe. But on top of that, his government is now actively making decisions, which are ensuring that Australians are at risk. And Ninette Simon’s case in my home state of Western Australia is the perfect example. Mr. Albanese needs to front the Australian people and clearly explain to them why the Commonwealth prosecutors did not oppose bail. Peta, a story has also just broken that actually has the transcript of the proceedings. And the Crown prosecutor in these proceedings said they had concerns that this particular detainee would reoffend. However, they would still not oppose bail. Mr. Albanese and the Attorney-General of this country have very serious questions to answer. Because yes, it is their responsibility and they cannot abrogate it.
Peta Credlin
Michaelia, you’re right to point out that that was the case on the 20th of February. But I’ve gone through it tonight, on the 10th of April so just over a month later, he was charged again, bailed again. The 14th of April – charged again, bailed again. And two days later from that last chance they had to lock him up. So three times this year, he’s fronted court and have bailed him. Two days on from that last case of the 14th of April, he allegedly attacked Ninette Simon’s. I mean, three strikes, you’re out, I reckon?
Senator Cash
Well, it gets worse. The Attorney-General as you know, under the Director of Public Prosecutions Act, Section Eight actually has the ability to provide a direction to the Commonwealth DPP. I hope the Attorney-General has sought advice as to whether or not he can exercise his powers in this regard. Because if he hasn’t, he himself is deficient. This is squarely at the feet of Mr. Albanese, his government in the first instance made the policy decision to release in excess of 150 hardcore criminals. That was their decision. The Crown Prosecutors are now actively making decisions to not oppose bail, despite exactly what you have just said. So Mr. Albanese can throw as many bureaucrats under the bus as he likes. What that shows the Australian people is they have a weak Prime Minister who as I said, he must sleep very well at night Peta knowing that under his government, it doesn’t matter what goes wrong, he’s going to blame someone else.
Peta Credlin
I want to show people the kind of salaries this Community Safety Board receive. I mean think community safety board’s an oxymoron because no one’s safe., no one’s getting locked up, everyone seems to get. Look at those salaries there on the screen. I mean they are big salaries. But I think what’s worse, you sat late in the Senate last year going into Christmas to get this legislation urgently through we were told, these preventative detention orders. Well, six months on, they haven’t put one preventative detention order in
Senator Cash
Yep. There are no words now for the incompetence of this government in particular given what has occurred to Ninette Simons in my home state. But Peta, let’s stop blaming the Community Safety Board because as you said in your opening, the Minister or his delegate do not need to rubber stamp, the advice that is given to them or the recommendation by the Community Safety Board. At law, the Minister or his delegate are the ones who make the decision. Which means at law, either the minister or his delegate had to personally have the state of mind that the wearing of the ankle bracelet was not reasonably necessary to protect any part of the Australian community. That is the state of mind that either the minister or his delegate themselves held. And as a result, Ninette Simons was brutally assaulted in her home. The pictures now which will haunt Australians quite frankly for weeks and months to come. So let’s put aside blaming the Community Safety Board. The Minister or his delegate themselves needed to form the particular state of mind and they did that with a disastrous result. So Mr. Albanese, I assume has hauled his Minister in and has hauled the delegate in and said, I have to say it this way Peta – what the hell happened? How in God’s name did you form this state of mind? It was your state of mind, you formed it, now explain it to me because it has been disastrous in what has now occurred. That is squarely at the feet of this Minister, Minister Giles.
Peta Credlin
I want to say this is the last time we’re gonna have to talk about this issue but I suspect it will go on and on as it has.
Senator Cash
Oh, it won’t be Peta, it won’t be.
Peta Credlin
Michaelia Cash, I’m gonna leave it there. Thank you as always.
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