On 27 July 2009, the Human Rights Law Resource Centre and the Public Interest Law Clearing House made a Joint Submission to the Senate Standing Committee on Finance and Public Administration in relation to the National Security Legislation Monitor Bill 2009. The Bill establishes the National Security Legislation Monitor to review the operation, effectiveness and implications of counter-terrorism and national security legislation and report his or her findings and recommendations annually.
In September 2008, the Centre and PILCH independently made submissions to the Senate Legal and Constitutional Affairs Committee Inquiry into the Independent Reviewer of Terrorism Laws Bill 2008 (No 2). A number of positive changes have been made to the Bill since the report of the Senate Standing Legal and Constitutional Affairs Committee in October 2008.
While the Joint Submission strongly supports the establishment of the Monitor, a number of recommendations were proposed focussed on ensuring a transparent, independent and holistic framework of review, compliant with international human rights obligations. Examples of recommendations proposed in the submission include:
- Clarifying the definition of ‘counter-terrorism and national security legislation’ to ensure that any legislation which might impact upon the prevention, detection or prosecution of a terrorist act is covered, including new legislation.
- Amending the Bill to expressly require the Monitor, in conducting a review, to consider the human rights impacts of Australia’s counter-terrorism and national security legislation and the compatibility of such legislation with international human rights standards and obligations.
- Requiring the Monitor to have regard to a non-exhaustive list of relevant considerations when determining review priorities, including but not limited to: Australia’s human rights obligations; the extent to which the laws under review alter fundamental legal principles; whether the relevant laws are effective and workable, both within their own terms, and in combination with other legislation; and whether there are any less-restrictive means by which the objectives of the relevant legislation could be achieved.
