The Turnbull government is a step closer to introducing nationally consistent laws for the indefinite detention of terrorists who continue to pose a threat to the public at the end of their sentence.
Federal, state and territory attorneys general met in Canberra on Friday and agreed in principle to amend the commonwealth criminal code.
Malcolm Turnbull wrote to state leaders two weeks ago – after the deadly attack in Nice, France – asking them to agree on a national regime quickly, given the increase in the number and severity of terrorist attacks globally, particularly in western countries.
The attorney general, George Brandis, said on Friday that the government believed its proposal to keep high-risk terrorist offenders in prison for longer would maintain the “appropriate balance” between community safety and traditional legal protections.
Under the government’s proposal, it will be the job of supreme courts in each state and territory to determine if a high-risk offender remains high risk at the end of their sentence.
For a high-risk prisoner to be kept in jail:
- The federal attorney general must apply to a supreme court six months before a prisoner’s sentence expires;
- The supreme court must be satisfied, to a high degree of probability, that an offender poses an “unacceptable risk of committing a serious terrorism offence”;
- The maximum period for which a continuing detention order can be made is three years;
- However, that continuing detention order can be renewed, and there is no limit to the number of times it can be renewed;
- As a safeguard, the appropriateness of a continuing detention order will be subject to review every 12 months, and the prisoner can initiate a review on the basis of changed facts or circumstances.
“The highest priority for commonwealth, state and territory governments is to ensure the safety of the community,” Brandis said on Friday.
“It is critical that we work together to implement this scheme as early as possible.”
There are 13 prisoners who have been convicted of terrorism offences under commonwealth law to which these provisions would apply.
Nine are in NSW and four are in Victoria.
The provisions may also apply to others who have been charged but are awaiting trial in NSW (23), Victoria (11) and Queensland (two), depending on whether they are convicted or not.
Greg Moriarty, the national counter-terrorism coordinator, said it was important to have the right legislative framework to protect the community from terrorist attacks.
“We are very committed to preventing people from becoming terrorists, to disrupting and diverting people who are heading down a path towards violent extremism, and to rehabilitating people who are convicted for terrorism offences,” he said.
“But where that is not possible, or where there are significant areas of doubt, it is important that the agencies do have the legislative frameworks and protections so that they can protect the community.”
The Turnbull government will need formal approval from state and territory leaders to its proposal to change part 5.3 of the Commonwealth Criminal Code Act 1995 before the legislation can be introduced to parliament.
