Greens lose it over tough new rules for asylum seekers released on streets of suburbia - even though they include paedophiles and murderers - and warn it is 'a dark day for the country'

Greens senators have condemned both major parties after the Government worked with the Coalition to pass strict new rules for asylum seekers who were freed from indefinite detention by the High Court.

In the Senate on Thursday night, Sarah Hanson-Young, Nick McKim, David Shoebridge and Mehreen Faruqi blasted the federal Government for passing the laws.  

The High Court last Wednesday ruled that Australia's system of indefinite detention was unlawful, freeing 84 asylum seekers, with decisions still pending on up to 340. 

Those released include a paedophile who raped a 10-year-old boy in Sydney's west and a hitman who blew up a pregnant woman in Malaysia. 

These criminals have completed jail sentences for their crimes, but could not be deported for various reasons beyond the Government's control.

Labor stridently opposed their release from detention, and Home Affairs Minister Clare O'Neil said as a mother herself: 'If there was anything in [her] power to keep these people in detention, [she] would absolutely do it'.

Labor rushed legislation through both houses of Parliament, backing Coalition amendments that hit those released asylum seekers with even tougher rules. 

New rules include wearing ankle monitoring bracelets, strict curfews, bans from going within 150m of childcare centres and mandatory minimum sentences of one year should the rules be breached. 

But Greens senators and the party's leader, Adam Bandt, criticised the legislation. 

They said Labor was explicitly against mandatory minimum sentences in the party's platform it took to the last election - but had 'caved' to amendments from the Opposition meaning asylum seekers would face such sentences. 

Mr Bandt said: 'Labor is dancing to the Liberals' tune. Labor is letting Peter Dutton write anti-refugee legislation.' 

Ms Hanson-Young said the legislation was a 'full-blown attack on refugees in this country... It is so sickening to me that you (Labor) have no spine'.

She said it was an example of Mr Dutton dictating the agenda for the government.  

'It always suits you, doesn't it, when you get to cuddle up with the Opposition, with Peter Dutton holding the whip here. 

'Peter Dutton is the one who is whipping this government into the exact path he wants. 

'This is all under the whip of Peter Dutton, the leader of the nasty party.' (She later withdrew her comments about Mr Dutton and nastiness). 

Deputy senator leader Mehreen Faruqi, from Victoria, took a shot at 'white Australia' and the treatment of asylum seekers. 

'This will create a subclass of individuals who are judged not by their actions but by their visa status. 

'But white Australia has never been shy about having one rule for it and another for people it regards as second class.'

Mr McKim, a Tasmanian senator, said: 'It is a dark and shameful day in the history of this parliament when the political duopoly in this place join together...  to ride roughshod over the rights of refugees, to demonise refugees, to divide our community and to stoke fear and hatred of refugees in our community. 

'It is an extremely sad day.'

But Immigration Minister Andrew Giles argued the legislation is a crucial step toward keeping the community safer after the High Court decision.

'This decision has significant implications for immigration compliance, and for the community safety obligations of the Government to which this Bill responds - noting that we still await reasons from the court, and noting that further work will be required to be done in this regard,' he said.

'They allow the Government to provide appropriate and proportionate monitoring of this cohort whilst they are required to be in the Australian community.' 

Education Minister Jason Clare told Sunrise on Friday that he had never seen the Parliament respond so quickly to a High Court decision. 

Asked about the cost of ankle monitoring, Education Minister Jason Clare said the measures were about ensuring Australians' safety.

'This is not about money, this is about safety,' he told Seven's Sunrise on Friday.

'The fact is, if these people were locked up in prison, it would cost five times as much.

'If we had our way, these people would still be locked up. But that's not an option.'

Mr Dutton said if he had been allowed to do so those newly freed would be back in detention, and criticised the government for not moving faster, citing the pain of victims.

'They're in tears. These are victims of rape, kids as young as 10 who have been sexually molested,' he told Nine's Today show on Friday.

'These are the worst of people and they're not even Australian citizens and that's why they shouldn't be out in the community.'

The High Court is yet to release the reasoning behind its decision to overturn a 20-year precedent.