John D'Orazio

John D'Orazio

Former Minister for Police and Emergency Services; Justice; Community Safety

    Changes to improve anti-terrorism laws

    30/03/2006 2:28 PM

    Amendments to the State’s anti-terrorism legislation, currently before Parliament, will strengthen protection for people detained under the proposed new laws.

    Police and Emergency Services Minister John D’Orazio said the Terrorism (Preventative Detention) Bill 2005, will enable Police to detain people for up to 14 days, to:
    • prevent an imminent terrorist act expected to occur at some time in the next 14 days; or
    • preserve evidence within 28 days of terrorist acts which have occurred.
    Mr D’Orazio said that after considering the concerns of legal and community organisations and members of the public, three changes had been made.

    These were:
    • providing the Inspector of Custodial Services the jurisdiction to observe the treatment and well-being of people detained under the laws, including in police facilities;
    • allowing people who were detained to have unmonitored communication with their legal representative, if they were represented by a lawyer who had the appropriate security clearance; and
    • enabling a single Supreme Court judge to conduct a formal judicial review of a preventive detention order.
    “These changes will ensure that community safety is preserved, while the rights of people detained under these laws are protected,” the Minister said.

    “The Bill already requires the Police Commissioner to ensure that people are treated humanely, but now the Inspector of Custodial Services will report to the commissioner if this is not happening.

    “The inspector will have access to people who are detained, wherever they are held, for the duration of their detention.

    “Police will be able to monitor communications between detained people and a legal representative who does not have the appropriate security clearance.

    “They will also be able to apply to a retired or serving judge for approval to monitor communications between detained people and their security-cleared legal representative.

    “The person detained and the police will both benefit from having the process accelerated by having a single judge undertake a formal review of the preventative detention order, rather than requiring that additional judges are brought together.”

    Minister's office: 9213 7150