Judicial Oversight Urged for Ex-Detainee Restrictions

Since the High Court held that forced ankle bracelets and curfews on ex-detainees are unconstitutional and punitive, the government has indicated its intention to legislate measures that would empower the Minister to enforce restrictions for the purpose of ensuring community safety.

This approach is likely to fail for the same reasons outlined by the High Court in YBFZ.

What is needed instead is legislation to expand the judiciary's power to order such measures, which would ensure separation of powers, rather than leaving it with the Minister, who is part of the Executive.