Submission: Necessity and proportionality must guide assessment as to whether counter-terrorism powers remain appropriate

The HRLC has made a submission to the Council of Australian Governments (COAG) on its review and evaluation of the operation, effectiveness and implications of Australia’s counter-terrorism legislation. The submission addresses specific aspects of COAG’s terms of reference that impact on individuals’ rights and raise concerns about Australia’s compliance with international human rights obligations under relevant treaties to which Australia is a party, namely:

  • provisions of the Criminal Code Act 1995 (Cth) relating to the broad application of counter-terrorism laws, such as the definition of terrorist acts and terrorism related activity;
  • provisions of the Criminal Code Act 1995 (Cth) relating to control orders and preventative detention orders;
  • provisions of the Crimes Act 1914 (Cth) (Crimes Act) relating to police powers; and
  • the impacts of counter-terrorism legislation.

Further details about the COAG review is available at www.coagctreview.gov.au.