The Centre has made a Submission to the Senate Legal and Constitutional Committee in support of the Independent Reviewer of Terrorism Laws Bill 2008.
The Centre considers that the operation, effectiveness and implications of terrorism laws should be subject to independent review to ensure that there is transparency in the manner in which those laws are interpreted, and to ensure that there is public confidence in the manner in which those laws are applied.
The Centre supports the adoption of an independent reviewed model similar to that operating in the United Kingdom. The UK Independent Reviewer has provided a valuable source of expert commentary on the operation of terrorism legislation in the UK. However, the Centre notes that inherent in the functions of the UK Independent Reviewer is an obligation to have regard to international human rights standards and obligations in assessing the operation and implications of terrorism laws.
While Australia remains the only Western developed democracy without a legislative or constitutional Charter of Human Rights, the Centre submits that, to ensure that the Independent Reviewer provides a meaningful contribution to the operation and understanding of the terrorism laws, the functions should be expressly defined to require the Independent Reviewer to have regard to international human rights standards and obligations.
