Joseph Craig
The Law Council of Australia together with the Australian Bar Association have come together in warning the government to be cautious on their next move of making proposals to reform anti-terrorism legislation.
Last week, Prime Minister Malcolm Turnbull was overheard saying that he was planning to table a proposal that would extend the sentences of convicted terrorists. Even after their specified prison term gets over, the new proposed laws will enable the extension to criminals who are viewed as a great threat to the society. Currently, there is a similar scheme that has been put in place and it operates for extreme paedophiles and violent offenders in most of the Australian states.
When this proposal comes to pass, then courts will have the power to make decisions regarding this issue. Last week, Stuart Clerk, who is the current president of Law Council of Australia, warned the parliament to proceed with caution. Mr. Clark passed a message to the federal government saying that we should be keen not to compromise Australia’s belief and respect to the rule of law. However, it is the responsibility of the government to ensure the country is secure and safe.
“The appropriate balance must be established between safeguarding the fundamental legal rights that are core to the country’s democracy and ensuring that the national security is stable,” said Mr. Clark.
In addition, he said that the people subjected to such orders should be given a chance to respond and if possible, the post-sentence should be heard before a Court of Law.
“The rule of law should not be ignored because its consequences are very high if the government choose to abandon its principles,” said Mr. Clark.
Many legal bodies have also expressed their concerns by calling for caution while approaching the new legislation. The Parliamentary Committee laid out their recommendations to the government on Security and Intelligence.
