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LCA concerned ASIO Act amendments will be an overreach
The design of intrusive and coercive powers held by intelligence operatives like ASIO may remain secretive but it must also be proportionate, a major legal body said.
Naomi Neilson
Australia needs to maintain its security laws that do not extend further than necessary to respond to security threats, said the Law Council of Australia (LCA) while appearing before a public hearing into the ASIO Amendment Bill 2020.
“This will ensure that the use of powers is not so dependent on executive discretion – coercive powers such as these should have clear constraints set out in the legislation,” said Ms Wright, adding that where there is an over-reliance on a ministerial discretion, consequently public confidence may be eroded.
Speaking before the parliamentary joint committee on intelligence and security, LCA acknowledged that the bill includes some beneficial measures, including the removal of ASIO’s power of detention, an extraordinary power the LCA has long opposed.
“In principle, the LCA does not oppose the continuation of a compulsory questioning power for a fixed term of up to five years,” Ms Wright said.
“But we are concerned that there are inadequate safeguards especially with respect to the proposal to lower the minimum age of questioning to 14-year-old children. And the lack of a requirement for the judicial authorisation of ASIO warrants is disquieting.”
The LCA added that it remains of the view that post-charge questioning raises a “high risk of harm to the rights of an accused person to a fair trial” and that the proposal to enable internal authorisation for the use of tracking devices without the need for an externally approved warrant “raises some real concerns”.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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