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LCA backs counterterrorism recommendations
The Law Council of Australia has urged the federal government to implement key counterterrorism recommendations highlighted in a new report.
Emma Musgrave
The parliamentary joint committee on intelligence and security (PJCIS) report released late last week highlighted proposed amendments to the Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016.
Furthermore, the PJCIS recommended the removal of treason from the scope of the offences section.
The PJCIS also recommended that the bill be amended so that if an offender, through no fault of his or her own, is unable to obtain legal representation, the court has the explicit power to stay proceedings for a continuing detention order; and the court is empowered to make an order for reasonable costs to be funded to enable the offender to obtain legal representation.
LCA president Stuart Clark AM said that if the government were to implement these recommendations it would strike a “better balance”.
“The government has a responsibility to keep Australians safe from the threat of terrorism, but in acting on this responsibility it should not jeopardise our nation’s commitment to the rule of law,” Mr Clark said.
“It is the law council’s view that the amendments recommended by the PJCIS would lead to legislation that strikes a better balance. Indeed, that is why the law council made many of these recommendations in its submission to the committee this year.
“We also support the PJCIS’s recommendations that the continuing detention regime should be reviewed again after six years by the joint committee and five years by the Independent National Security Legislation Monitor.”
Mr Clark also noted that while the PJCIS’s recommendations are a step in the right direction, the LCA still has concerns over the lack of a developed and validated risk assessment tool.
“We also believe the threshold test for determining whether a person presents a risk is set too low and may not be consistent with the broader counterterrorism legislative framework,” Mr Clark said.
“The law council will continue working constructively with the government and the relevant parliamentary committees to help contribute to better legislation.”
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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