Former opposition leader Albanese, now Prime Minister, used to deflect questions that he believed should have been directed at the government when he was in opposition. However, in his current position, he has been observed to shift blame away from his government for various actions, particularly after a landmark High Court ruling declared indefinite immigration detention as unlawful. The release of over 150 individuals due to the court ruling not only raised questions on government responsibility but also shed light on the past refusal to issue visas, leading to indefinite detention.
In response to the release of individuals, including convicted criminals, Albanese's government rushed to impose strict visa conditions, such as curfews and ankle monitoring devices, with Visa breaches carrying mandatory jail time. Questions arose regarding a decision to remove an ankle monitoring device from a released individual who later faced criminal charges, to which the Prime Minister insisted the decision was made by an independent Community Protection Board. However, as scrutiny intensified, it became clear that the board was not entirely independent and reported to the immigration minister.
Despite the argument for a separation of powers between the judiciary and the government, the distinction between a government and its appointed board was questioned, especially since the board's decisions ultimately fall under government oversight. The discussion also delved into ministerial responsibility within the Westminster system, emphasizing that ministers should bear responsibility for the actions of agencies under their control. The ongoing scrutiny of government decisions and responses to legal challenges added pressure to the government, particularly on matters concerning immigration policies and ministerial powers.