Login
No place for politicians in law enforcement decisions, LCA says
Politicians should not attempt to sway the independent function of law enforcement or the decision of prosecutors to commence legal proceedings, the Law Council said.
Naomi Neilson
With respect to the rule of law, the Law Council of Australia (LCA) said it is vital that politicians do not interfere with the independent functions of law enforcement agencies in enforcing the law or the decision of prosecutors when it comes to launching proceedings.
While the LCA refused to comment on any specific event, the statement followed news that the Australian Federal Police (AFP) had launched an investigation into at least six people who were allegedly caught waving Hezbollah flags at rallies over the weekend.
In response, Opposition Leader Peter Dutton told the Today show that there were “provisions within the existing law” but, absent these, Prime Minister Anthony Albanese should “recall Parliament and deal with whatever deficiency there is in the law”.
McIntyre said that while a minister may issue a direction under the Australian Federal Police Act 1979 about the general policy in relation to its functions, “it would be unlawful and undermine the independence of the AFP for the minister to be issuing directions about investigation decision making in a particular case”.
The LCA also made a point to stress that while freedom of expression is crucial to “maintaining our character as a liberal democratic society and the rule of law”, there is a need for carefully framed laws proscribing speech to prevent decriminalisation, violence and activities that incite hatred which “must also be acknowledged”.
At the time the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 was scrutinised by Parliament, LCA expressed caution about the threshold for the offences for public display of prohibited symbols and proportionate limitations on the right to freedom of expression.
“In that context of navigating a difficult balance in enforcing these types of offences, we reiterate our recommendation underlining the importance of law enforcement training and publicly available guidelines explaining how the Commonwealth Director of Public Prosecutions and AFP, and where relevant state agencies, will interpret and apply these laws to ensure that any imposition on freedom of speech is proportionate,” McIntyre said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
