Published Tuesday, 17 April, 2007 at 05:28 PM
Premier and Minister for Trade
The Honourable Peter Beattie
TERRORISM (PREVENTATIVE DETENTION) ACT AMENDMENTS 2007.
Premier Peter Beattie said today a series of changes would be made to the State’s anti-terrorism legislation following a review.
When the Terrorism (Preventative Detention) Act 2005 was introduced the Premier pledged that a review would begin within one year of its introduction.
That review has now been completed and today the Premier introduced changes to reflect concerns raised by Police, legal groups and other parties.
“It is impossible to provide an absolute guarantee that the community will be safe against acts of terrorism – but we can try to ensure that we have the best and fairest laws in place to deal with terrorism and threats of terrorism as they arise,” the Premier said.
“Not only does this Bill provide further safeguards against terrorist acts, it also reinforces and retains basic freedoms and liberties as far as possible.
“My Government is committed to achieving the right balance between individual’s rights and freedoms and the protection of the community from terrorism.
“That balance is an important one and I believe it has been achieved with this Bill,” Mr Beattie said.
The amendments include:
o Changes to a person’s access to legal representation once they have been detained under the Act.
The Act, as it presently stands, provides that any contact between a detainee and their lawyer may only take place if the ‘content and meaning of the communication’ can be effectively monitored by a police officer.
The amendments will allow unmonitored contact between a detained person and their lawyer - provided their lawyer holds a security clearance.
A security clearance is obtained only after a lawyer undergoes extensive criminal history checking and ASIO checks.
The amendment also states that the Queensland Police Service can still obtain a monitoring order in relation to a security cleared lawyer where a Judge is convinced that it is necessary to prevent a terrorist act.
o The second amendment to the Terrorism (Preventative Detention) Act 2005 also involves issues of legal representation.
Currently Legal Aid Queensland’s arrangements do not specifically provide legal assistance for persons subject to preventative detention orders.
The amendments will ensure that when a person held under an initial preventative detention order does not have legal representation, the judge must arrange for Legal Aid Queensland to represent the person for the period that the person is held in detention.
o A third amendment exempts activities done or records created under the Act from the Freedom of Information laws.
The amendment is considered necessary in order to protect sensitive material regarding preventative detention.
o The fourth amendment makes changes to the powers the police have in dealing with terrorist situations and people in preventative detention.
The Bill allows a police officer to search a person under preventative detention at the time they are taken into custody. This search can be done without a warrant and can involve the removal of clothing. At present, this search can only be conducted after the detainee is brought to the place of detention.
A search in these circumstances will be allowed only if the officer suspects that the person is carrying an item that may cause loss of life or serious physical harm. For example, if a police officer suspects that the detained person may be carrying a device used to detonate explosives.
Aside from changes to the preventative detention legislation, the Bill before Parliament also allows a senior police officer to declare a ‘terrorist emergency situation’ under the Public Safety Preservations Act 1986.
The declaration of a terrorist emergency situation can only be made by the Commissioner or Deputy Commissioner of the Queensland Police Service. This is consistent with National counter-terrorism arrangements and the Queensland Police Service’s operating procedures.
The special powers available under a terrorist emergency situation include the power to:
1. move persons to another location within the declared area for the safety of any person;
2. conduct an ordinary (or frisk) search of any person in the declared area;
3. require a person to state the person’s correct name and address; and
4. give officers of government agencies directions with respect to the exercise of the powers or functions of the agency.
ends
Tuesday April 17, 2007
Media Contact:
Premier’s Office – 3224 4500
When the Terrorism (Preventative Detention) Act 2005 was introduced the Premier pledged that a review would begin within one year of its introduction.
That review has now been completed and today the Premier introduced changes to reflect concerns raised by Police, legal groups and other parties.
“It is impossible to provide an absolute guarantee that the community will be safe against acts of terrorism – but we can try to ensure that we have the best and fairest laws in place to deal with terrorism and threats of terrorism as they arise,” the Premier said.
“Not only does this Bill provide further safeguards against terrorist acts, it also reinforces and retains basic freedoms and liberties as far as possible.
“My Government is committed to achieving the right balance between individual’s rights and freedoms and the protection of the community from terrorism.
“That balance is an important one and I believe it has been achieved with this Bill,” Mr Beattie said.
The amendments include:
o Changes to a person’s access to legal representation once they have been detained under the Act.
The Act, as it presently stands, provides that any contact between a detainee and their lawyer may only take place if the ‘content and meaning of the communication’ can be effectively monitored by a police officer.
The amendments will allow unmonitored contact between a detained person and their lawyer - provided their lawyer holds a security clearance.
A security clearance is obtained only after a lawyer undergoes extensive criminal history checking and ASIO checks.
The amendment also states that the Queensland Police Service can still obtain a monitoring order in relation to a security cleared lawyer where a Judge is convinced that it is necessary to prevent a terrorist act.
o The second amendment to the Terrorism (Preventative Detention) Act 2005 also involves issues of legal representation.
Currently Legal Aid Queensland’s arrangements do not specifically provide legal assistance for persons subject to preventative detention orders.
The amendments will ensure that when a person held under an initial preventative detention order does not have legal representation, the judge must arrange for Legal Aid Queensland to represent the person for the period that the person is held in detention.
o A third amendment exempts activities done or records created under the Act from the Freedom of Information laws.
The amendment is considered necessary in order to protect sensitive material regarding preventative detention.
o The fourth amendment makes changes to the powers the police have in dealing with terrorist situations and people in preventative detention.
The Bill allows a police officer to search a person under preventative detention at the time they are taken into custody. This search can be done without a warrant and can involve the removal of clothing. At present, this search can only be conducted after the detainee is brought to the place of detention.
A search in these circumstances will be allowed only if the officer suspects that the person is carrying an item that may cause loss of life or serious physical harm. For example, if a police officer suspects that the detained person may be carrying a device used to detonate explosives.
Aside from changes to the preventative detention legislation, the Bill before Parliament also allows a senior police officer to declare a ‘terrorist emergency situation’ under the Public Safety Preservations Act 1986.
The declaration of a terrorist emergency situation can only be made by the Commissioner or Deputy Commissioner of the Queensland Police Service. This is consistent with National counter-terrorism arrangements and the Queensland Police Service’s operating procedures.
The special powers available under a terrorist emergency situation include the power to:
1. move persons to another location within the declared area for the safety of any person;
2. conduct an ordinary (or frisk) search of any person in the declared area;
3. require a person to state the person’s correct name and address; and
4. give officers of government agencies directions with respect to the exercise of the powers or functions of the agency.
ends
Tuesday April 17, 2007
Media Contact:
Premier’s Office – 3224 4500