The majority voted against a motion moved by Victorian Senator James Paterson (Liberal), which means it failed.

Motion text

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 6 May 2024:

The Commonwealth Government's response to the 8 November 2023 High Court ruling in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor, with particular reference to:

(a) the Commonwealth Government's planning and preparedness for a ruling against the Commonwealth Government in this case;

(b) the Commonwealth Government's preparation of legislation to address the implications of the High Court ruling;

(c) the risks to the community associated with the release of individuals from immigration detention following the High Court ruling;

(d) actions taken by the Commonwealth Government in the days following the High Court ruling, including:

(i) the decision to release individuals from immigration detention, and to subsequently grant visas including conditions,

(ii) the enforceability of visa conditions;

(iii) the steps the Government took to manage risks to the community associated with the release of the cohort of individuals impacted by the High Court decision,

(iv) other interventions or options the Government considered but did not pursue to manage risks to the community associated with the release of the cohort of individuals impacted by the High Court decision,

(v) communication with individuals in immigration detention impacted by the High Court ruling,

(vi) efforts made to inform victims and victims' families about the release of individuals convicted of serious crimes, and

(vii) communication with impacted communities where individuals released from detention will reside;

(e) any expenditure of taxpayer money associated with the High Court case and subsequent actions taken by the Commonwealth Government; and

(f) any other related matters.

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (91% turnout) 0 Yes 10 No
Penny Allman-Payne Queensland No
Dorinda Cox WA No
Sarah Hanson-Young SA No
Nick McKim Tasmania No
Barbara Pocock SA No
Janet Rice Victoria No
David Shoebridge NSW No
Jordon Steele-John WA No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Mehreen Faruqi NSW Absent
Australian Labor Party (76% turnout) 0 Yes 19 No
Tim Ayres NSW No
Carol Brown Tasmania No
Anthony Chisholm Queensland No
Don Farrell SA No
Katy Gallagher ACT No
Nita Green Queensland No
Karen Grogan SA No
Jenny McAllister NSW No
Malarndirri McCarthy NT No
Deborah O'Neill NSW No
Fatima Payman WA No
Helen Polley Tasmania No
Louise Pratt WA No
Tony Sheldon NSW No
Marielle Smith SA No
Glenn Sterle WA No
Jana Stewart Victoria No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Catryna Bilyk Tasmania Absent
Raff Ciccone Victoria Absent
Patrick Dodson WA Absent
Murray Watt Queensland Absent
Linda White Victoria Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Yes
Andrew McLachlan SA Deputy President Absent
David Pocock ACT Independent No
Lidia Thorpe Victoria Independent Absent
David Van Victoria Independent Absent
Jacqui Lambie Network (100% turnout) 0 Yes 2 No
Jacqui Lambie Tasmania No
Tammy Tyrrell Tasmania No
Liberal National Party (100% turnout) 2 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Yes
Liberal Party (78% turnout) 18 Yes 0 No
Alex Antic SA Yes
Wendy Askew Tasmania Yes
Slade Brockman WA Yes
Michaelia Cash WA Yes
Claire Chandler Tasmania Yes
Richard Colbeck Tasmania Yes
Jonathon Duniam Tasmania Yes
David Fawcett SA Yes
Sarah Henderson Victoria Yes
Hollie Hughes NSW Yes
Jane Hume Victoria Yes
Maria Kovacic NSW Yes
Kerrynne Liddle SA Yes
Matt O'Sullivan WA Yes
James Paterson Victoria Yes
Gerard Rennick Queensland Yes
Anne Ruston SA Yes
Paul Scarr Queensland Yes
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Linda Reynolds WA Absent
Dave Sharma NSW Absent
Dean Smith WA Absent
National Party (25% turnout) 1 Yes 0 No
Ross Cadell NSW Yes
Perin Davey NSW Absent
Susan McDonald Queensland Absent
Bridget McKenzie Victoria Absent
Pauline Hanson's One Nation Party (100% turnout) 2 Yes 0 No
Pauline Hanson Queensland Yes
Malcolm Roberts Queensland Yes
Sue Lines WA President No
Ralph Babet Victoria United Australia Party Yes
Totals (76% turnout) 25 Yes – 33 No