find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
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:

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

LCA backs counterterrorism recommendations
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
microphone
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
protest
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Blocked
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
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 & ...