Justice Legislation (Links to Terrorist Activity) Amendment Bill 2018
Plain English Summary
Overview
This bill implements a national agreement to make it harder for people with demonstrated links to terrorism to get bail or parole in Queensland. It amends four Acts to reverse the normal presumption in favour of bail for terrorism-linked defendants, create a presumption against parole for prisoners with terrorism connections, and impose stricter conditions on children with terrorism links in youth detention.
Who it affects
People who have been convicted of a terrorism offence, are subject to a Commonwealth control order, or have promoted terrorism face significantly higher barriers to bail and parole. Courts, the Parole Board, and police also take on new responsibilities.
Key changes
- Bail is reversed for adults and children with terrorism links — they must prove 'exceptional circumstances' to be released, and only a court (not police) can grant bail
- A presumption against parole is created for prisoners convicted of terrorism offences, subject to control orders, or who have promoted terrorism
- The Commissioner of Police must provide reports to the Parole Board on prisoners' terrorism links, drawing on intelligence from ASIO and law enforcement
- Courts can choose not to set a parole release date for offenders with terrorism connections sentenced to three years or less
- Children with terrorism links must serve at least 70% of their detention period and face mandatory conditions on supervised release
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee13 Nov 2018View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the bill over approximately four months, receiving five submissions and holding a public briefing and hearing. The committee recommended the bill be passed, acknowledging stakeholder concerns about erosion of the presumption of innocence and fettering of judicial discretion, but concluding that the unique risk posed by persons with terrorism links justified the departure from usual legal protections. Significant concerns were raised about the bill's application to children, its retrospective operation, and its potential to disincentivise rehabilitation.
Key findings (5)
- Stakeholders including the Bar Association of Queensland, the Queensland Law Society, and University of Queensland academics raised serious concerns about the erosion of the presumption of innocence and the fettering of judicial discretion in bail and parole decisions
- The Youth Advocacy Centre and other submitters warned that applying the presumption against bail and parole to children as young as 10 years of age conflicted with the Youth Justice Principles, the Convention on the Rights of the Child, and the recognition that children are less culpable than adults
- Multiple submitters argued that a presumption against parole would disincentivise prisoners from engaging in rehabilitation and deradicalisation programs, potentially resulting in less-rehabilitated individuals being released at the end of their sentences
- The committee considered several provisions raised potentially significant issues of fundamental legislative principle, including retrospective application of bail and parole restrictions and delegation of legislative power to expand the list of terrorism offences by regulation
- The committee accepted that Queensland's participation in the COAG commitment and the unique risk posed by persons with terrorism antecedents or associations justified the special measures despite the departure from fundamental legislative principles
Recommendations (1)
- The committee recommends that the Justice Legislation (Links to Terrorist Activity) Amendment Bill 2018 be passed.
Committee report tabled
▸Second Reading27 Mar 2019View Hansard
▸21 members spoke21 support
As shadow Attorney-General, concluded his contribution supporting the bill, drawing on his personal experience of the 2005 London terrorist attacks to argue the laws are both necessary and proportional to the risk.
“In my opinion, the proposals contained in this bill are proportional to the risk. Reversing the onus of proof and presumptions are serious matters but they are proportional.”— 2019-03-28View Hansard
As Attorney-General, introduced and moved the second reading of the bill, arguing the amendments strike the right balance between community safety and individual rights in creating presumptions against bail and parole for persons with terrorism links.
“The threat posed by terrorism to the safety of our community remains ever present. Nowhere is immune. All Australian governments have a duty to work together and take appropriate action to respond to this threat in the interests of community safety.”— 2019-03-27View Hansard
As committee chair, outlined the COAG commitment and the bill's objectives, noting stakeholder concerns but commending the bill to the House.
“The cross-border nature of the threat of terrorism requires a national response to keep all Australians safe.”— 2019-03-28View Hansard
As opposition lead speaker, confirmed the LNP supports the bill, arguing it implements the COAG agreement and that the curtailment of civil liberties is necessary and proportionate to the terrorism threat.
“I always think that if there is a curtailment of civil liberties in our nation it must be necessary and it must be proportionate. I believe—obviously in our support of this bill tonight—that that standard, that threshold, has been met.”— 2019-03-27View Hansard
Supported the bill while acknowledging the seriousness of reducing civil liberties, arguing the legislative framework is necessary to protect against terrorism and give law enforcement the tools they need.
“The best way to prevent that is to make sure our intelligence and law enforcement communities have the legislation they require to protect us against those things.”— 2019-03-28View Hansard
As a former police officer and committee member, explained the COAG commitment and assured the House the amendments do not represent a general shift away from fundamental legal principles but are justified by the extraordinary circumstances of terrorism.
“These amendments do not represent a general shift or trend away from fundamental legal principles or our core presumption of innocence.”— 2019-03-28View Hansard
Spoke in favour of the bill as a committee member, acknowledging stakeholder concerns about civil liberties but concluding the public interest balance favours the reforms given the spectre of terrorism.
“I think it is fair to say that, on the balance of public interest, it is necessary to embark on these curtailments of the individual liberties of those who are accused in order to protect the public good.”— 2019-03-28View Hansard
Supported the bill as a committee member, outlining the amendments to the Bail Act and Youth Justice Act and emphasising the government's comprehensive approach to public safety.
“This bill represents the Palaszczuk government's continuing commitment to public safety.”— 2019-03-28View Hansard
Strongly supported the bill as a committee member, noting the LNP had taken a similar policy to the last election, but criticised the government for taking almost two years to implement the COAG agreement.
“The LNP supports the presumption against bail and parole and makes no apologies for terrorist offenders who remain behind bars.”— 2019-03-28View Hansard
As Minister for Police and Corrective Services, detailed the parole amendments including the two-category system for prisoners with terrorism links, and outlined safeguards including the role of the Parole Board.
“The Brighton siege highlighted the importance of a presumption against parole to include prisoners who have been charged but not convicted, or those who have demonstrated support for, or links to, terrorist activity.”— 2019-03-28View Hansard
As a committee member, supported providing police and the justice system with better tools to stop terrorist threats, including the ability to detain suspects whether juvenile or adult.
“I believe it is in the public's best interests that we as legislators provide the police and justice system with better tools to stop these threats.”— 2019-03-28View Hansard
Supported the bill and highlighted the importance of intelligence sharing and early intervention work through the Queensland Social Cohesion Implementation Committee to prevent radicalisation.
“This legislation will give our justice system and our police greater opportunities and greater power to keep these young people sitting in our gallery today safe.”— 2019-03-28View Hansard
Supported the bill as a former police officer while raising concerns about the definition of exceptional circumstances, the completeness of information provided to the Parole Board, and criticising the government's delay in introducing the legislation.
“I make no apology for my commitment to putting the safety of Queenslanders first.”— 2019-03-28View Hansard
Supported the bill emphasising the need for extraordinary measures to deal with the elevated terrorist threat and the importance of all Australian governments working together.
“Ultimately, what is important is ensuring that a balance is struck between the rights of all citizens to go about their daily activities free from acts of violent terror and the rights of individuals who come before our criminal justice system to be dealt with fairly.”— 2019-03-28View Hansard
Supported the bill in a bipartisan spirit, noting the LNP had proposed similar policies and emphasising that community safety must take priority, including for children engaged in terrorist activity.
“The things that unite us are more important than the things that divide us.”— 2019-03-28View Hansard
Strongly supported the bill, expressing condolences for the Christchurch attack and emphasising the need for a tough stance against terrorism.
“I rise to strongly support this bill.”— 2019-03-28View Hansard
Supported the bill while commending the Queensland Law Society and Bar Association for raising important concerns about civil liberties, and warned about the case of Mohamed Haneef as an example of how anti-terror laws can catch innocent people.
“Let us be mindful that the laws we pass have a significant impact on the lives of people, and we need to have a balance that there are protections.”— 2019-03-28View Hansard
Supported the bill recognising that the world has changed and responses must change, while noting the bill was long overdue given the 2017 COAG agreement.
“The presumptions against bail and parole that the bill offers recognise the difficulty in rehabilitating extremist views and recognise the ongoing danger a person, who by their past behaviour has shown terrorist association or acts, may pose to our community.”— 2019-03-28View Hansard
Supported the bill while cautioning that strong anti-terror laws must appear just to avoid being exploited by radicalisation narratives, drawing on his experience working with Muslim communities.
“Strong laws, even ones that may breach FLPs, could be used to tip the scales in favour of jihadists who seek to radicalise two particular groups of people.”— 2019-03-28View Hansard
Supported the bill and called for bipartisan leadership on anti-terrorism efforts, criticising the government for the two-year delay in implementing the COAG commitment.
“When it comes to community safety, national security and, ultimately, combatting terrorism, we cannot afford to have a government that suffers from inertia.”— 2019-03-28View Hansard
Supported the bill toughening Queensland's stance on terrorism but criticised the government for the two-year delay in acting on the COAG agreement.
“We on this side of the House will always support tough measures which guard our fellow Queenslanders against the risk of a terrorist incident.”— 2019-03-28View Hansard