Human Rights Commission
Media Release
09 August 2007

Commission urges full review of terrorism legislation

Chief Human Rights Commissioner Rosslyn Noonan said today that a comprehensive review of the Terrorism Suppression Act still needs to be undertaken.

Ms Noonan said “the review carried out in 2005 was incomplete and falls considerably short of requirements. The Commission urges that a comprehensive review is undertaken including a full assessment of the human rights implications of the legislation.”

The Commission was presenting its submission on the Terrorism Suppression Amendment Bill to the Foreign Affairs, Defence and Trade Select Committee. The Bill would amend the Terrorism Suppression Act 2002.

The United Nations has highlighted the need for counter-terrorism measures to reflect respect for human rights.

Ms Noonan said “The Commission is committed to ensuring that legislative measures designed to deal with terrorism are consistent with human rights standards. Effective counter-terrorism measures and the protection of human rights are complementary not conflicting goals.”

The Commission’s submission notes that although there are some positive aspects of the Bill, a number of provisions are fundamentally flawed and should be withdrawn or reconsidered:

- The automatic designation of terrorist entities and the freezing of assets without domestic safeguards

- The removal of periodic judicial review of terrorist designations

- The use of classified security information in legal proceedings to the exclusion of designated entities and their legal representatives.

Should the Bill proceed the Commission is recommending significant changes, including:

- Entities designated as terrorists should be able to challenge their status in the High Court

- The removal of a clause allowing the automatic freezing of assets

- Special advocates should be allowed to have access to classified security information and act on behalf of entities, where entities and their legal representatives are excluded from legal proceedings.

ENDS

To view the Human Rights Commission’s submission click here

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