Terrorism (High Risk Offenders) Bill 2017 (NSW) Introduced in Parliament

Tuesday 21 November 2017 @ 9.33 a.m. | Crime | Legal Research

On 14 November 2017 the Terrorism (High Risk Offenders) Bill 2017 (NSW) (‘the Bill’) was introduced in Parliament. The Bill proposes to keep offenders locked up if they pose an unacceptable risk of committing serious terrorism offences after they have finished their sentences.

Main Provisions

The Bill mainly proposes to enable the Supreme Court to make orders for the supervision or detention of offenders after they finish their sentences if satisfied that they pose an unacceptable risk of committing serious terrorism offences, within the final 12 months of their finishing their sentence. The Bill builds on the Commonwealth post-sentencing detention scheme for high-risk terrorism offenders.

Some other key provisions include:

  • Allowing the state to apply for Extended Supervision Orders (ESOs) or Continuing Supervision Orders (CSOs);
  • Allowing for interim supervision orders if it appears that the offender’s supervision or custody will expire before proceedings are determined;
  • Allowing for requests to release offender information to the Attorney-General;
  • Stipulating the duties and functions of the High Risk Offenders (‘HRO’) Committee, as established by the Crimes (High Risk Offenders) Act 2006 (NSW) to facilitate information sharing and provide expert oversight.

Responses to Bill

In the media release issued by NSW Justice, Premier Gladys Berejiklian said:

“NSW has some of the toughest terrorism laws in Australia and they will be further strengthened by these new measures to protect the community from known dangerous offenders.”

Attorney General Mark Speakman said:

“An offender may not have served a sentence for a terrorism offence, but in this age, where the threat of terrorism and radicalisation is real, the state needs to be able to apply for the offender to be placed on a CDO or ESO because of the threat they pose to the community.”

Previously in October 2017, Ms Berejiklian had unveiled her government’s plans to impose strict terror laws just before the Council of Australian Governments (COAG) meeting. However at the time the NSW Council for Civil Liberties said that there was no need for the extension of post-sentencing detention. President Stephen Blanks said:

“This is a regime which will result in the continued detention of people simply for what they say or think. It's fundamentally contrary to the idea of a free society.”

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Sources:

Terrorism (High Risk Offenders) Bill 2017 (NSW), explanatory memorandum and second reading speech as published on TimeBase LawOne.

NSW Department of Justice 'Tough new terrorism legislation enters Parliament,' 14 November 2017.

James Robertson, 'NSW Premier Gladys Berejiklian unveils plan to introduce 'nation's toughest terror laws,' (The Sydney Morning Herald) 4 October 2017.

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