The government brought in the preventative detention regime in late 2023, after the high court ruled indefinite detention unlawful, resulting in the immediate release of 92 people, including refugees and stateless people, who could not be returned to their country of origin. A larger cohort of more than 300 in long-term detention were ultimately released as well.

In November 2024, the high court found the subsequent monitoring regime, which included ankle bracelets and curfews, to be unconstitutional.

The government then passed amendments, making it so only those that “poses a substantial risk of seriously harming any part of the Australian community by committing a serious offence” could be subject to such

conditions.