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Counter-Terrorism and Australian Law
Author: James Renwick
Volume 3, Number 3 (August 2007), pp. 67-77.
Abstract
Whichever party wins the next federal election will be faced with significant challenges in the field of terrorism and the law. The new government will need regularly to consider the adequacy and appropriateness of counter-terrorism laws by reference to then current threats, but also by reference to questions of legal policy, the ultimate policy question being ‘what principles or rights are non-negotiable in the ‘war’ on terror’? The new government will also need to consider how to reconcile a system of normally open justice with the need to protect classified information and secret identities; and the proper division of responsibilities between intelligence organisations and police in counter-terrorism operations, and in resulting court cases. Before considering these questions, this article outlines the most important new laws and their rationale, and considers some problems and concerns in their operation.
About the Author
Dr James Renwick is a Fulbright Scholar, a Barrister practising in Sydney, and an Adjunct Lecturer at the University of Sydney. He has appeared in a number of terrorist prosecutions, and is a leading national security lawyer. james.renwick@12thfloor.com.au.
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