Australian Human Rights Commission
Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017
mourns-as-elders-call-for-justice-after-riot/7799942 (viewed 12 October 2017); ABC, ‘Kalgoorlie
protest: Arrests made, officers injured in violent riot over teen's death’, ABC News (online) 31 August
2016. At http://www.abc.net.au/news/2016-08-30/protesters-arrested-in-kalgoorlie-riot-after-teensdeath/7797804 (viewed 12 October 2017).
196 Heather McNeill, ‘Kalgoorlie riot accused walks free after winning appeal’, WA Today (online) (6
October 2017). At http://www.watoday.com.au/wa-news/kalgoorlie-riot-accused-walks-free-afterwinning-appeal-20171005-gyv5n5.html (viewed 12 October 2017).
197 Heather McNeill, ‘Kalgoorlie riot accused walks free after winning appeal’, WA Today (online) (6
October 2017). At http://www.watoday.com.au/wa-news/kalgoorlie-riot-accused-walks-free-afterwinning-appeal-20171005-gyv5n5.html (viewed 12 October 2017).
198 Heather McNeill, ‘Kalgoorlie riot accused walks free after winning appeal’, WA Today (online) (6
October 2017). At http://www.watoday.com.au/wa-news/kalgoorlie-riot-accused-walks-free-afterwinning-appeal-20171005-gyv5n5.html (viewed 12 October 2017).
199 The Prime Minister, together with Premiers of Australian states and territories, have called for a
national regime that imposes the same controls on suspects regardless of their location. David Crowe,
‘Turnbull wants states to pass uniform terror laws’, The Weekend Australian, (online), 3 October 2017.
At http://online.isentialink.com/theaustralian.com.au/2017/10/03/eec83e93-85bb-40c2-babc10e61e335bf1.html (viewed 8 October 2017).
200 See Sarah Martin, Dylan Caporn and AAP, ‘Malcolm Turnbull will urge state leaders to adopt tough
counter terrorism measures at special national security summit’, The West Australian (online), 4
October 2017. At https://thewest.com.au/news/wa/malcolm-turnbull-will-urge-state-leaders-to-adopttough-counter-terrorism-measures-at-special-national-security-summit-ng-b88618145z (viewed 8
October 2017); David Crowe, ‘Turnbull wants states to pass uniform terror laws’, The Weekend
Australian, (online), 3 October 2017. At
http://online.isentialink.com/theaustralian.com.au/2017/10/03/eec83e93-85bb-40c2-babc10e61e335bf1.html (viewed 8 October 2017).
201 The Independent National Security Legislation Monitor’s annual reports are available at
Department of the Prime Minister and Cabinet, Independent National Security Legislation Monitor. At
http://www.inslm.gov.au/reviews-reports (viewed 11 September 2017).
202 Independent National Security Legislation Monitor Act 2010 (Cth) s 8(a)(i).
203 The first INSLM, Bret Walker SC, concluded that ‘control orders in their present form are not
effective, not appropriate and not necessary’. The 2013 COAG Review of Counter-Terrorism
Legislation concluded that the control order regime should be retained but with additional safeguards
and protections included. The second INSLM, the Hon Roger Gyles AO QC, then recommended that
a number of the COAG recommendations be implemented. Despite this, and the fact that the
recommended reviews of the control order regime (including the present review) are ongoing, that
regime has been extended. Independent National Security Legislation Monitor, Declassified Annual
Report (2012), 40. At https://www.inslm.gov.au/reviews-reports/annual-reports (viewed 30 October
2017). Council of Australian Governments Review of Counter-Terrorism Legislation (2013), 54 [215].
At https://www.ag.gov.au/Consultations/Pages/COAGReviewofCounter-TerrorismLegislation.aspx
(viewed 11 September 2017).
204 The first INSLM, Bret Walker SC, recommended that the preventative detention regime be repealed
because there is ‘no demonstrated necessity for these extraordinary powers’. In 2013, the Council of
Australian Governments (COAG) Review of Counter-Terrorism Legislation also recommended that the
PDO regime be repealed, finding that the provisions were unlikely to be used, and that the purposes of
the PDO regime could be achieved ‘by traditional methods of arrest, interrogation and charge’. Despite
these recommendations, in 2016, the threshold for applying for a PDO was reduced. See Independent
National Security Legislation Monitor, Declassified Annual Report (2012), Chapter III,
Recommendation III/4. At https://www.inslm.gov.au/reviews-reports/annual-reports (viewed 11
September 2017); Council of Australian Governments Review of Counter-Terrorism Legislation (2013)
67, 69–71 [269]–[276]. At https://www.ag.gov.au/Consultations/Pages/COAGReviewofCounterTerrorismLegislation.aspx (viewed 11 September 2017).
205 James Renwick SC, Independent National Security Legislation Monitor, INSLM Statutory Deadline
Reviews, Review of Divisions 104 and 105 of the Criminal Code (including the interoperability of
Divisions 104 and 105A): Control Orders and Preventative Detention Orders (7 September 2017) xii.
At https://www.inslm.gov.au/reviews-reports/inslm-statutory-deadline-reviews (viewed 16 October
2017).
206 Parliamentary Joint Committee on Intelligence and Security, Parliament of Australia, Review of
police stop, search and seizure powers, the control order regime and the preventative detention order
regime. At
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