Quiet change to Nauru policing powers could thwart legal challenges

A quiet change to Nauru's policing powers has raised questions about whether the laws have been tweaked to thwart mounting Federal Court challenges launched by NZYQ members fighting deportation.

The former Australian detainees have allegedly faced threats of violence upon their arrival to Nauru from newly created community monitoring officers (CMOs) tasked with their ongoing monitoring, according to whistleblower claims.

Under laws introduced in March, CMOs were given powers to restrain, search, and monitor Australian transferees, including the use of "reasonable force".

Days after the ABC reported the whistleblowers' safety concerns in June, the laws were amended to extend the powers to any person on the island.

About 280 non-citizens, known as the NZYQ cohort, are expected to be resettled in Nauru under a deal with Australia, after a 2023 High Court ruling found their indefinite detention was illegal.

Greens senator David Shoebridge said the deal was impacting the rights of Nauruans, labelling it an "erosion of civil liberties on the island".

"It was established under law to apply only to people sent to Nauru … But when it became apparent that it was probably going to ground legal challenges to prevent people being sent to Nauru, only a handful of weeks ago, they extended it to all Nauruans," he told ABC.

"So what we're seeing here is, because of the toxic deal between Australia and Nauru, for Australia's interests, it is undermining key pillars of civil society in Nauru."

About 354 members of the NZYQ cohort, the bulk of whom have been convicted of crimes or had visas cancelled on character grounds, were released into the community from long-term detention following the High Court ruling.

Announcing the Nauru deal early last year, Home Affairs Minister Tony Burke declared there was "nothing more important to this government than community safety".

"The NZYQ cohort consists of people who broke Australian laws and in doing so surrendered their rights to stay in Australia," he said.

As of June 4, 12 people had been issued Nauruan visas and deported to the tiny island nation, including an individual reliant on a wheelchair.

Sanmati Verma, legal director at the Human Rights Law Centre, noted the timing of the Nauru law changes coincided with legal cases mounted in the Federal Court by those facing removal to Nauru.

Ms Verma said in many cases the individuals argued that their removal to Nauru was unconstitutional because it involved a form of punishment, referring to the 2023 NZYQ ruling.

"I think what's interesting is that the CMO Act was amended in June 2026, after these cases were commenced," she told ABC.

Ms Verma said some of the cases would present evidence of harsh and punitive conditions that people would face in Nauru, highlighting limited freedom of movement and no right to family reunion.

"So the CMO regime is obviously going to be one part of that picture that's put before the court," she said.

When originally spruiking the laws on social media, the Nauru government said they were to ensure public safety and the "effective management of transferees residing in our communities under arrangements with other countries".

Ms Verma said the tweaks highlighted the "effective control that the Australian government has over the arrangement with Nauru", arguing it therefore had "responsibility for people even after they're transferred there".

Responding to the criticism, a Home Affairs spokesperson referred back to the Nauru government.

"Nauru is a sovereign country and decisions about its laws are a question for its parliament," a home affairs spokesperson told ABC.

Senator Shoebridge, who has repeatedly called for transparency in the deal with Nauru, joined forces with One Nation, Coalition and independent senators earlier this month, passing a motion calling on the government to release the 2025 memorandum of understanding by July 28.

He said the government had an obligation under international law to provide protection, particularly for those in the cohort who were refugees.

"When we're handing them over to a society and a country like Nauru, where there are now these extreme powers that can be used to stop and search and jail them if they don't cooperate, I think that reflects very poorly on Australia," Senator Shoebridge said.

"It's no wonder that lawyers are mounting an argument that this is Australia in breach of our fundamental international obligations."

Under the law changes, failure to comply with instructions by the CMOs risks an imprisonment term of up to 2 years.

Last month, the Nauru government issued a rare statement to clarify the conditions for the cohort under the arrangement, arguing they are not detained.

"They have a Nauruan visa and as such have the same rights as any other resident," the statement said.

"However, unlike Nauruans, they are provided with accommodation, a fortnightly allowance, and free transport for shopping and other travel around the island."

The Nauru government insisted that the cohort had access to facilities, employment opportunities and "a relaxed, Pacific way of life".

While information from the island is limited, a fortnightly bulletin has provided public insights. However, as of July 3, these are now only emailed to interested parties upon request.

Concerns over families torn apart as court challenges mount

It is understood that a further 37 people have been re-detained and are currently awaiting deportation to Nauru, with another nine issued visas but not yet detained.

The 30-year deportation deal is estimated to cost $2.5 billion over its lifetime.

The small Pacific island, about the size of Tullamarine airport, is home to roughly 13,000 residents and faces economic challenges due to its remoteness and limited natural resources.

Those resettled on Nauru will be granted a long-term visa; however, it is understood that they do not have the right to family reunification, meaning their visa class does not allow them to sponsor a family member to join them on the island.

More than a third of the cohort, 131 individuals, have Australian children, according to data released by the Department of Home Affairs on January 28 under freedom of information laws.

Meanwhile, 63 have an Australian spouse or partner.

Ms Verma has called on the Labor government to allow these individuals to remain in Australia with their families instead of setting them up on an "endless loop of exclusion".

"They need stable and secure housing, and they need assistance and support to really repair within themselves the harm that has been done from years of being detained and locked up," she said.

"What people don't need is to be hounded and criminalised and subject to strict conditions and basically prevented from working and being with their families."

She questioned whether "drastic over policing" through what she describes as a para-police force is the right way to deal with the individuals.

"A police force is responsible for the enforcement of general criminal laws and its powers relate to everybody," Ms Verma said.

"A para-police is a security force that exists in addition to police that has exceptional powers and is focused on one group of people or a sum population of people

"They are neither police nor security forces — they're something different."