NSW support for the Commonwealth community safety order scheme

As a result of the High Court’s decision in NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor, NZYQ and other similarly affected people were required to be released from immigration detention.

The Department of Home Affairs is responsible for the CSO scheme, which seeks to ensure that individuals who pose an unacceptable risk to the community, who have no real prospect of being removed from Australia in the reasonably foreseeable future, are subject to either a community safety detention order or a community safety supervision order.

New South Wales has agreed to support the Commonwealth’s delivery of services under the CSO Scheme, including the Community Safety Detention Order scheme (CSDO) and the Community Safety Supervision Order (CSSO) scheme.

This will include – where it is ordered by a court – accommodation of CSDO offenders within Corrective Services NSW facilities, and assistance to the Australian Government with CSSO supervision case management.

Corrective Services NSW support for therapeutic case management will be limited to development of case plans, assessments and the referral or provision of therapeutic programs.

The Commonwealth will continue to be responsible for the monitoring of NZYQ affected people, including those on the CSSO scheme, and responding to any breaches of conditions.

This support is in addition to the ongoing support provided to the Commonwealth by the NSW Police Force since the High Court’s decision in November 2023.