Advisory report on the Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016

4 Nov 2016

This report recommends that the Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 be passed, but with several amendments. The bill will allow for continuing detention orders (CDO's) to keep convicted terrorists detained once their sentences have been served, if they are deemed to pose an unacceptible risk.

Report structure

This report consists of 4 chapters:

  • The introductory chapter sets out the context and conduct of the inquiry, provides an overview of the main elements of the Bill and the rationale for its introduction, and discusses issues raised regarding international human rights considerations, constitutional validity, and State and Territory support for the provisions,
  • Chapter 2 outline the scope of the regime, in particular the range and severity of offences included, who the regime may be applied to, and the use of successive CDOs,
  • Chapter 3 considers the process of making an application for a CDO, determining the threshold of ‘high probability of unacceptable risk’, the use of relevant experts and the standard of evidence required, access to legal representation, and the interaction of CDOs with control orders, and
  • Chapter 4 addresses operation of the regime and its oversight, considering conditions of continuing detention (such as housing and access to services), the provision of rehabilitation and deradicalisation programs, oversight and reporting of these developments, and review of the regime.
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