Home Affairs' Mike Pezzullo admitting Nauru sunsetting administrative error 'regrettable'

Home Affairs secretary Mike Pezzullo said his department had been aware the Nauru instrument was expected to expire in October last year as far back as January 2021.

However, the department first alerted Home Affairs Minister Clare O'Neil in December last year the agreement had expired despite "several" warnings in the nearly two years leading up to it.

The Albanese government passed a Senate motion last Wednesday to extend processing asylum seekers on Nauru, after the original legislation had hit its 10-year sunset in October.

At the start of the month, 66 people remained in Nauru, which was down from 111 at August 31 last year, Mr Pezzullo said in his opening statement to a senate estimates hearing on Monday afternoon.

Ms O'Neil sought department advice around "all instruments sunsetting or otherwise" on at least seven occasions, and Immigration Minister Andrew Giles also received several briefings with incorrect advice, Mr Pezzullo said.

He later added he apologised to both Ms O'Neil and Mr Giles for the administrative error.

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Greens senator Nick McKim asked the Home Affairs head how many times his department had been externally notified, along with the number of times there had been internal notifications between teams, saying it was a "catastrophic administrative error".

"I don't think I'll use the adjective. It's certainly regrettable ... it's significant, and it's one that I would prefer had not occurred," he said.

"As you'll see from my letter to Minister O'Neil, I've taken ... the right course of action in my mind to apologise both to her personally, I've similarly apologised to Minister Giles and I take this opportunity in public to apologise to the government.

"It should not have occurred."

Mr Pezzullo told senators he was assured Operation Sovereign Borders - the operation stopping unauthorised maritime arrivals from reaching Australia - had "sufficient legal authorities" to continue its operation during the four months between the Nauru instrument expiring and its extension in February.

Senator McKim asked what this legal advice contained but Mr Pezzullo declined to reveal it, citing potential legal proceedings.

The Home Affairs department last week said it had taken "immediate actions" to improve administrative processes following the issue raised.

It includes a new reporting regime and regular spot checks.

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