Mr Hicks, an accused terrorist, has been held in the US military camp Guantanamo Bay since being arrested in Afghanistan in 2001.
Today Senator Ellison said Hicks had been held for too long.
"Whenever we have dealt with this issue with the United States we have made it very clear that Mr Hicks should be brought to trial as soon as possible and that he has been held for too long," Senator Ellison told the Senate.
The comments from Senator Ellison mark an increase in the strength of the government's language on the Hicks case.
Previously Attorney-General Philip Ruddock has said he would like to see Hicks brought home as soon as possible.
Hicks, 31, has been in solitary confinement for seven months now, without explanation.
Senator Ellison said discussions with the US about Hicks were continuing.
"The president of the United States signed new legislation on military commissions on the 17th of October this year, we have engaged with discussions with the United States administration in relation to the impact on that legislation on the Hicks case," Senator Ellison said.
Hicks had previously pleaded not guilty to charges of conspiracy, attempted murder and aiding the enemy.
But following a US Supreme Court ruling in June, declaring illegal the military tribunals set up to try Hicks and other Guantanamo Bay inmates, those charges were dropped.
Major Michael Mori, Hicks' US appointed military lawyer, has indicated his client is likely to again plead not guilty to any charges brought against him.
Senator Ellison reiterated the Australian government's inability to prosecute Hicks because he has not committed any crime against Australia.
And he said Canberra was negotiating with Washington to bring Hicks home to serve any sentence received in Australia.