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The Attorney-General’s Department confirmed that they had zero involvement in monitoring returned ISIS terrorist wives, or running deradicalisation programs for the children. This responsibility was passed to the Department of Home Affairs.

When asked what will it cost taxpayers to bring back and monitor these individuals, the answer? They have absolutely no idea. Officials stated that the government didn’t actually facilitate or fund the return of these families. They said they used to handle countering violent extremism, but it was moved to Home Affairs in 2017.

Now, their only real involvement is occasionally giving “general international law advice.”

If no one in the Attorney-General’s Department is tracking the costs or the monitoring, Australians are left asking: who is?

Transcript

CHAIR: Senator Roberts. 

Senator ROBERTS: Returning to the ISIS terrorist spouses or whatever you want to call them, did the government seek your advice before returning them to Australia? 

Ms Jones: I think we have previously given evidence to the committee that, over the course of many years, we have from time to time been involved in some discussions and we’ve provided general international law advice but we don’t play a role of providing advice in relation to particular movements of people. 

Senator ROBERTS: Was the Attorney-General’s Department consulted on the program for deradicalisation of these children? 

Ms Jones: No. 

Senator ROBERTS: What is your responsibility for funding of legal aid? 

Ms Jones: We are responsible for overseeing the National Access to Justice Partnership and other legal assistance schemes. 

Senator ROBERTS: Are you involved in any way in advising on or implementing or monitoring the program for monitoring these terrorists when they return? 

Ms Jones: No. 

Senator ROBERTS: Not at all? 

Ms Jones: No. 

Senator ROBERTS: Not even after the High Court decision on the case in the Northern Territory? 

Ms Jones: I’m not sure which case you’re referring to there, Senator. 

Senator ROBERTS: XYZ—I can’t remember the details. 

Ms Jones: NZYQ? 

Senator ROBERTS: NZYQ; thank you. 

Ms Jones: I would put that in a category very separate to anything relating to the return of Australians from Syria. Over the course of the NZYQ matter, before the High Court and then beyond that, we were involved in that, but that was quite separate from anything relating to returning Australians. 

Senator ROBERTS: I understand that, but that case involved monitoring. 

Ms Chidgey: That was also a matter for the Department of Home Affairs and its agencies. 

Senator ROBERTS: Wasn’t it also the Attorney-General giving advice as to whether or not monitoring or ankle bracelets were a form of punishment? Is there any form of punishment that can be ruled here? Is someone going to lodge a claim with the government? 

Ms Chidgey: I think all those questions are matters for Home Affairs. 

Senator ROBERTS: You haven’t got anything to add to it? 

Ms Chidgey: No. 

Senator ROBERTS: So you know nothing about monitoring? 

Ms Jones: No. 

Senator ROBERTS: The Attorney-General’s Department knows nothing about monitoring. Do you have any inkling of the cost involved with bringing these wives back and monitoring them? 

Ms Jones: I’m sorry; no. We don’t have a responsibility, so I couldn’t talk to any costs associated with that. 

Ms Chidgey: It’s probably useful to make clear that for the recent cohorts the government didn’t facilitate their return at all. Any questions about management of that cohort in Australia now that they’ve returned should be directed to Home Affairs, but the government didn’t in any way facilitate or manage their return. 

Senator ROBERTS: How do you know that? 

Ms Chidgey: We’re aware that the Department of Foreign Affairs and Trade issues passports. But the government itself, on the public record, including the Prime Minister, has been clear that the government didn’t otherwise assist or facilitate their return. 

Senator ROBERTS: And you take his word for it? 

Ms Jones: Yes. 

Senator ROBERTS: Was this once or previously a responsibility of your department? 

Ms Jones: There was a time before the creation of the Department of Home Affairs when the AttorneyGeneral’s Department had responsibility for deradicalisation programs and the countering violent extremism program, but that moved across to the Department of Home Affairs in 2017. 

Ms Chidgey: I can confirm that for any of the returns from Syria this department has not taken any leading role. That has been the Department of Home Affairs and Department of Foreign Affairs and Trade. 

Senator ROBERTS: What about any subsidiary role? 

Ms Chidgey: As I think the secretary mentioned, we have at times provided some advice on Australia’s international obligations. 

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