find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
LCA backs counterterrorism recommendations

LCA backs counterterrorism recommendations

The Law Council of Australia has urged the federal government to implement key counterterrorism recommendations highlighted in a new report.

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.

In the case of a suspected terrorism offender, the new recommendations call for the right for each party to be able to bring forward their preferred relevant expert, or experts, providing that an application for a continuing detention order may be commenced up to 12 months (rather than six months) prior to the completion of an offender’s sentence, to provide all parties additional time to prepare and for the offender to seek legal representation.

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.”

 

Like this story? Read more:

Book commemorates diamond milestone for WA law society

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

NSW proposes big justice reforms to target risk of reoffending

LCA backs counterterrorism recommendations
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Dec 18 2017
Summer in the city
Across Australia, a number of law students have kicked off their commercial law aspirations with the...
microscope
Dec 18 2017
‘Exorbitant legal fees’ under government microscope
With the growing number of class action proceedings in Australia, the government is looking at how ...
Funds, money, cash
Dec 18 2017
Law Access WA receives welcome funding
Law Access Western Australia has received a grant from the state government to fund its pro bono leg...
APPOINTMENTS
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'...
opinion
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...
Help
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 & ...