find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Property lawyer - Melbourne
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Impressive client list, national firm · Well-led and high-performing team
View details
Senior family lawyer - Melbourne
Category: Family Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Outstanding national firm · High-calibre family law team
View details
Further safeguards needed in Counter-Terrorism Bill: LCA

Further safeguards needed in Counter-Terrorism Bill: LCA


The Law Council of Australia (LCA) has called for changes to the Counter-Terrorism Bill to prevent "serious intrusions into a person’s private life" and to protect the rights of children.

LCA president Duncan McConnel said the expansion of control orders was of particular concern in the proposed laws.

“Control orders are a particularly intrusive form of restraint on personal liberty without there being any criminal conviction or even charge,” he said.

“The powers in question involve serious intrusions into a person’s private life, but also into the privacy of individuals unrelated to the person who is the subject of a control order.”

The current Bill includes the power to inspect any document on a premises in question or to search the computers of, for example, an educational institution, he said.

Mr McConnel said monitoring warrants should not be issued without reasonable suspicion that the control order is not being complied with or that the individual is engaged in terrorist-related activity.

He also addressed the reduction in age for control orders in the Bill, calling for greater safeguards around such provisions.

“The Bill should ensure that the child’s best interests are a primary consideration in the court’s determination of whether to impose an obligation, prohibition or restriction,” he said.

“This includes not permitting the court appointed advocate to disclose information against the wishes of the child, which would potentially be a serious infringement on the child’s right to silence.”

The LCA also warned against making the powers for preventative detention too broad since this could give rise to a constitutional challenge.

The Bill in its current form would reduce the threshold for which a preventative detention order may be granted to there being reasonable grounds to suspect that a terrorist act "is capable of being carried out, and could occur, within the next 14 days", according to the council.

The LCA said the test should at a minimum require a likelihood or an unacceptable risk of a terrorist act occurring in order to be constitutional.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Further safeguards needed in Counter-Terrorism Bill: LCA
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Aug 23 2017
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...