Flat White Politics

Tony Burke’s detention inaction

29 June 2025

7:29 PM

29 June 2025

7:29 PM

The Albanese government’s refusal to detain dangerous criminals, citing legal barriers, is a shameful abdication of responsibility.

Home Affairs Minister Tony Burke’s claim that the NZYQ cohort – former immigration detainees with alleged serious criminal convictions – cannot be held under preventative detention laws is not just weak, it is my view that it also endangers Australian citizens.

In a new low, this decision prioritises legal technicalities over public safety, exposing a government unfit to protect its citizens.

The NZYQ cohort, released after a High Court ruling, includes 12 murderers or attempted murderers, 66 sex offenders, and 97 assault convicts. These individuals pose a clear threat, yet the government insists none meet detention thresholds, despite resources spent exploring this option. How can communities be exposed to risk while bureaucrats dither?


Instead of decisive action, the government opts for deportation and third-country resettlement, solutions that are slow and uncertain. For example, three NZYQ members were offered resettlement in Nauru, but legal challenges have stalled progress. Meanwhile, incidents like an alleged assault by a former detainee, highlight the risks of inaction. Since March 2024, 28 former detainees have been charged with 90 federal offences (after their release), proving this is a systemic failure.

Opposition figures like Andrew Hastie and media commentators, including Peta Credlin, have slammed the government’s incompetence. Burke’s excuse that legal thresholds are too high is unacceptable. If the law is inadequate, they must amend it. Hiding behind bureaucracy while Australian citizens face danger is cowardice, not leadership.

A government’s primary duty is to protect its citizens. Abandoning preventative detention betrays this principle, favouring legal niceties over lives. Deportation and resettlement, while useful, take years and face hurdles, leaving communities vulnerable. To ensure Australian citizens are safe from the actions of non-citizen criminals, the situation demands immediate action.

The government should either lower detention thresholds or enhance monitoring to eliminate the risks.

This issue reflects broader weaknesses in the Albanese government’s national security approach. Allowing criminals to roam free erodes public trust, especially when Australians learn of assaults or reoffending. The government must act by reforming laws, strengthening enforcement, or expediting resettlement to restore confidence.

Inaction sends a chilling message about Australia’s commitment to law, order, and public safety.

The Albanese government’s failure to detain the NZYQ cohort is a dangerous mistake. By prioritising excuses over action, it risks Australian lives. The time for action is now. Our safety depends on it.

Dr Michael de Percy @FlaneurPolitiq is the Spectator Australia’s Canberra Press Gallery Correspondent. If you would like to support his writing, or read more of Michael, please visit his website.

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