List of Recommendations

Recommendation 1

3.120
The Committee recommends that proposed clause 105A of the Counter-Terrorism Legislation Amendment (High-Risk Terrorist Offenders) Bill 2020 be amended to provide that an issuing authority must have regard to:
whether the person is subject to a post-sentence supervision order under State or Territory legislation, and if so, the conditions of that order; and
the cumulative impact on the person of multiple post-sentence orders under Commonwealth and State or Territory laws, including the risk of oppression
when considering an application for a post-sentence order.

Recommendation 2

3.124
The Committee recommends that an independent review of the range of risk assessment tools used, including the Violent Extremism Risk Assessment Version 2 Revised (VERA-2R) framework and alternatives, be conducted and findings reported to the Parliament. The independent review should consider the existing assessment framework, alternative tools, improvements which could be made and the effectiveness of mandating participation in deradicalisation programs.

Recommendation 3

3.132
The Committee recommends s 9A of the Administrative Decisions (Judicial Review) Act 1977 be amended to include post sentence order processes as ‘related criminal justice process decisions’.

Recommendation 4

3.135
The Committee recommends proposed clause 105A.15A of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020 be amended to provide that the Court may make an order requiring the Commonwealth to bear all or part of the reasonable costs and expenses of the offender’s legal representation for an extended supervision order proceeding.

Recommendation 5

3.138
The Committee recommends that proposed section 105A.7A(1)(c) be amended to require the issuing court to assess, and be satisfied of, the necessity and proportionality of:
each individual condition proposed to be included in an Extended Supervision Order (ESO); and
the combined effect of all of the proposed conditions of the ESO.

Recommendation 6

3.140
The Committee recommends that proposed clause 105A of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020 be amended to stipulate that a condition imposed as part of an extended supervision order or interim supervision order cannot require an individual to remain at specified premises for more than 12 hours in a 24 hour period.

Recommendation 7

3.145
The Committee recommends that proposed clause 105A of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020 be amended to require that interim supervisions orders
may not be subject to application to include new conditions prior to confirming an extended supervision order
may be amended with the consent of both parties.

Recommendation 8

3.149
The Committee recommends that the Department of Home Affairs develop a decision-making framework as part of the implementation of the extended supervision order scheme that provides guidance to a specified authority of
the considerations that must be undertaken by a specified authority
the timeframe for a decision under an exemption condition
the record-keeping requirements of a decision made under an exemption condition.

Recommendation 9

3.152
The Committee recommends that proposed clause 105A of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020 be amended to make clear a specified authority can apply discretion to whether a minor or unintentional breach of an extended supervision order or interim supervision order be subject to prosecution.

Recommendation 10

3.157
The Committee recommends that section 29 of the Intelligence Services Act 2001 be amended to provide that the Committee may commence an inquiry into Division 105A of the Criminal Code Act 1995 within twelve months of the INSLM’s report being completed.

Recommendation 11

4.46
The Committee recommends that, following implementation of the recommendations in this report, the Bill be passed by Parliament.

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About this inquiry

The Parliamentary Joint Committee on Intelligence and Security has commenced a review into the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020. The bill review was referred to the Committee by the Hon. Christian Porter MP, Attorney-General.



Past Public Hearings

13 Nov 2020: Canberra