find the latest legal job
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
Legal Inhouse / Lawyer / Company Secretary
Category: Other | Location: Brisbane QLD 4000
· Fantastic Company · Potential to be Part Time / Flexible Work Pattern
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
LCA pleased with counter-terrorism bill

LCA pleased with counter-terrorism bill

The Law Council of Australia is satisfied that some of its concerns have been addressed in the final counter-terrorism bill, but is pressing for a new Independent National Security Legislation Monitor.

Last week the Senate passed the final version of the Counter-Terrorism Legislation Amendment Bill (No. 1) 2016, which addresses many concerns raised earlier by the Law Council of Australia (LCA).

Central to the LCA’s concerns was ensuring that a system of ‘special advocates’ participate in control order proceedings, which can be now imposed on persons as young as 14 years of age.

The system of special advocates permits a panel of security-cleared barristers and solicitors to participate in closed material procedures where the subject of a control order has sensitive information withheld from them and their legal representative.

LCA president Stuart Clark AM welcomed key amendments, particularly the inclusion of special advocates, in the final version of the bill.

“It is vital that we get the balance right between protecting the community and ensuring that we do not jettison our fundamental rights and freedoms,” Mr Clark said.

“By addressing a number of the legal profession’s concerns, this bill goes some way to ensuring that this delicate balance is struck.”

Other concerns that have been addressed in the final legislation include clarifying that the best interests of the young person are to be a ‘primary’ consideration in determining the terms of the control order, and clarifying that the parents or guardian of a child are also to be notified of control order applications or variations.

The bill also expressly provides that a young person has the right to legal representation in control order proceedings, and requires a minimum standard of information to be disclosed to a control order subject to allowing effective instructions to be given in relation to allegations.

While pleased with these developments, Mr Clark emphasised that issues of concern still remain within the legislation.

Because of this, he said that the appointment of a new Independent National Security Legislation Monitor (INSLM) is vital, following the resignation of the former INSLM, Roger Gyles AO, QC, on 31 October 2016.

“This legislation, even with these amendments, tests the boundaries of fundamental rule of law principles, meaning a strong independent review presence is critical,” Mr Clark said.

“We are calling on the government to appoint a new INSLM without further delay. The INSLM ensures that reforms to national security legislation will undergo robust scrutiny and that the laws are necessary, proportionate and operationally effective.”

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 pleased with counter-terrorism bill
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Nov 24 2017
Demand lifts in 2017/18 for short-term finance to cover crises
Promoted by NWC Finance. The first five months of the 2017-18 financial year have seen unpreceden...
LCA welcomes religious freedom panel
Nov 24 2017
LCA welcomes religious freedom panel
The Law Council of Australia says the establishment of a panel which will examine the human right to...
Law Society launched a new website, legal politics and lawmaking
Nov 24 2017
Law Society launches project to engage young Aussies
The Law Society of NSW has launched a new website to engage young Australians in legal politics and ...
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 & ...