2004•Unpublished venueRequires access
Continued detention for the protection of the community
Paul Shepanski, Thomas John, Parliamentary Library
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Abstract
The legality of different forms of detention continues to be a prominent national issue. In August 2004, the High Court of Australia said the continued and potentially indefinite detention of failed asylum seekers who had asked to leave but had nowhere to go was constitutionally valid. A related issue is the constitutional validity of the continued detention for the protection of the community of prisoners who have completed their original sentence. Thomas John looks at the relevant legislation and court cases and their implications.