The Parliamentary Joint Committee on Intelligence and Security has commenced a review under section 29(bbaaa) of the Intelligence Services Act 2001 into the operation, effectiveness and implications of Division 105A of the Criminal Code, and any other provision of the Criminal Code Act 1995 as it relates to that Division.

Division 105A provides for post sentence orders in relation to terrorism. It enables two main forms of post-sentence orders: continuing detention orders and extended supervision orders.

These orders can only be made for individuals currently serving a sentence for a terrorism related offence, and who are considered by the Court to pose an ‘unacceptable’ risk to society of committing a serious Part 5.3 (terrorism) offence if, at the conclusion of the sentence they are currently serving, they were to be released into the community without any restrictions on their movements.

The Committee’s review follows the publication in March 2023 of a Review of Division 105A by the Independent National Security Legislation Monitor (INSLM). Details of the INSLM’s review, including his final report, are published here.

Submissions to the Committee’s review are invited by Friday 23 June 2023. Submissions must be prepared solely for this Committee, although they may refer to submissions made to the INSLM’s Review, or other reviews. Further information about making a submission to a parliamentary committee is available here.