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

November 2016

© Commonwealth of Australia 2016
ISBN: 978-1-74366-559-6

View the report as a single document:

View the report as separate downloadable parts:

Membership of the Committee

List of abbreviations

List of recommendations

1. Introduction

  The Bill and its referral
  Context of the inquiry
  Conduct of the inquiry
  Report structure
  Rationale for the bill
  Constitutional validity of post-sentence detention
  International human rights considerations
  State and Territory support

2. Scope of the continuing detention order regime

  Range of offences
  Treatment of minors
  Interaction of the CDO regime with bail and parole
  Successive use of CDOs

3. Making an application for a continuing detention order

  Timing of CDO applications
  Standard of proof
  Matters that must be considered by the Court
  Relevant experts and risk assessment tools
  Offender’s access to information and legal representation
  Review and appeal rights
  Alternatives to continuing detention orders

4. Operation and oversight

  Conditions of detention – housing arrangements
  Oversight arrangements
  Attorney-General’s report to Parliament
  Proposed Government amendments
  Concluding comments

A. List of submissions

B. Witnesses appearing at public and private hearings

C. Letter from the Attorney-General dated 13 October 2016

Committee Secretariat contact:

Committee Secretary
Parliamentary Joint Committee on Intelligence and Security
PO Box 6021
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 2360