Justice Legislation (Links to Terrorist Activity) Amendment Bill 2018

Overview

This bill implements a national agreement to restrict bail and parole for people with links to terrorism. It reverses the usual presumption in favour of release, requiring courts to refuse bail and parole unless 'exceptional circumstances' exist. The changes apply to adults and children who have been convicted of terrorism offences, are subject to Commonwealth control orders, or have promoted terrorism.

Who it affects

People with terrorism convictions or control orders will find it much harder to get bail or parole. Children with terrorism links will face the same restrictions as adults, despite the usual youth justice protections.

Key changes

• Bail presumption reversed for people with terrorism convictions or control orders - courts must refuse bail unless 'exceptional circumstances' exist
• Only courts (not police) can grant bail to people with terrorism links
• Parole Board must refuse parole for prisoners with terrorism links unless exceptional circumstances exist
• Police can provide reports to the Parole Board on a prisoner's terrorism associations and likelihood of carrying out a terrorist act
• Children with terrorism links face the same restrictions, departing from usual youth justice principles that prioritise rehabilitation