Secret documents reveal how Border Force scrambled to get ankle bracelets to monitor detainees

Border Force scrambled to secure ankle bracelets to track immigration detainees released after the High Court ruling, with secret documents revealing it didn’t have nearly enough devices after Labor rushed through emergency laws to impose the condition.

The documents suggest the law enforcement agency only obtained an initial 10 devices on November 17 — a day after the laws passed the Federal Parliament.

At that point, more than 80 ex-detainees had been released into the community.

The Nightly has obtained an internal Border Force briefing document that reveals the rush to procure GPS trackers after the High Court’s bombshell ruling on the NZYQ case on November 8.

The timeline exposed in the documents will fuel claims the Federal Government was unprepared for the verdict despite multiple warnings the nation’s highest court could overturn a 20-year precedent and rule indefinite detention unlawful.

“This document is an insight into the chaos and panic that gripped the Albanese Government after the High Court’s decision in NZYQ because they failed to prepare for it,” shadow home affairs minister James Paterson told The Nightly.

“They had ample warning but did not take any steps to be ready to manage the risks to the community in case they lost.”

The documents will also add to the scrutiny on Home Affairs Minister Clare O’Neil and Immigration Minister Andrew Giles, with the latter fighting for his political life amid the direction 99 visa scandal.

With Mr Giles still yet to issue a promised new direction designed to prevent dangerous criminals escaping deportation, Prime Minister Anthony Albanese declined on Thursday to endorse his minister’s performance.

“He is doing the job that he has dealt with, including in making decisions on cancelling visas,” Mr Albanese said when asked if Mr Giles was doing a “good job”.

The prime minister earlier said he was not planning a ministerial reshuffle.

Back in November, Labor was rushing to respond to the High Court ruling that forced the release of convicted murderers, sex offenders and drug traffickers into the community.

Laws to monitor the ex-detainees with ankle bracelets and curfews were introduced and passed on November 16 after Labor did a deal with the Coalition.

The internal documents, obtained under Freedom of Information, reveal Border Force reached out to State and Territory correctional services to secure GPS trackers and help to monitor the people wearing them.

It struck an agreement with Corrective Services NSW for up to 150 devices.

Borce Force received the first 10 devices on November 17, according to the document prepared for Senate estimates earlier this year.

More than 80 former detainees had been freed at that point.

A further 10 devices were provided three days later on November 20 — but without the extra capacity to monitor them.

Ms O’Neil told Sky News on November 22 that “ankle bracelets and the curfews are being rolled out at the moment”.

At that stage, Border Force only had 30 devices and the capacity to monitor 10.

The agency raced to strike a deal with a second provider, issuing a limited tender to two potential providers on November 22.

UK-based electronic monitoring company Buddi Limited was selected just one day later under an agreement that would deliver 300 devices.

The documents revealed that on November 28 — 12 days after the emergency laws passed parliament — a set of “e-learning” programs were released to teach officers involved in the operation about their new powers and how to fit electronic monitors.

As of December 4, ABF had 400 bracelets.

The briefing document also revealed that 34 ex-detainees were on standard bridging visas without any electronic monitoring or curfew conditions as of March 1.

That was prior to the discovery of a technical error that forced the Government to issue new visas to the entire cohort.

Senator Paterson said revelations that dozens of detainees weren’t subject to extra visa conditions were “gravely concerning”.

Mr Giles told a press conference on November 18 that electronic monitoring was a “mandatory requirement” that applied to “everyone in the affected cohort”.

“So much for the continuous monitoring the Ministers for Home Affairs and Immigration promised,” Senator Paterson said.

The deal with Corrections NSW is scheduled to expire on or before June 30, with Buddi to take on responsibility for monitoring all of the ex-detainees.

The Nightly sent questions to Board Force and Ms O’Neil’s office about the rush to secure the bracelets, including why it hadn’t done so earlier.

A Border Force spokesman responded with a single-line statement, which said: “The information provided at estimates is all the information publicly available at this time”.