Page 2948 - Week 07 - Thursday, 30 June 2011
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Mr Speaker, as I have already said, this bill does not propose any substantive amendments to the Terrorism Act. These amendments, particularly clauses 4, 7 and 8, support the Terrorism Act’s compatibility with the Human Rights Act as they provide for greater clarity and certainty, and will recognise the rights of families and children.
The second amendment proposed by the bill is for a second statutory review of the act. It is proposed that the second review be completed following the act’s eighth year of operation, with a report to be tabled in the Assembly before the end of the act’s ninth year.
A further review is appropriate given the effect of the Terrorism Act. It will allow for further consideration of the operation and effectiveness of our counter-terrorism laws and an analysis of the terrorism climate in future years to determine whether the laws continue to be necessary.
The remaining amendments provide greater clarity of the rights and responsibilities under the act. These minor amendments it operates will ensure that the act is consistent with other laws in the ACT, and that it operates in the way it was intended.
Proposed clause 4 will substitute a new section. The substitution will require that where a child has been detained under preventative detention, the police officer must immediately release the child from preventative detention and either arrange for the child to be escorted by a police officer to the child’s home, or arrange for a person with parental responsibility for the child to collect the child.
Where a child is not escorted to their home or collected by a person with parental responsibility, this amendment requires the police officer to advise the director-general responsible for the Children and Young People Act of the release as soon as practicable after the release.
This amendment is consistent with section 151 of the ACT’s new Liquor Act. It will ensure that the best interests and welfare of children are addressed by ensuring that children receive appropriate care if they are released from preventative detention.
This amendment recognises section 11 of the Human Rights Act by providing greater protection for families and children by ensuring that children are returned safely to their home and families, and by ensuring that any care and protection issues are addressed.
It is noted that this amendment will engage the section 12 human right to privacy and reputation in relation to children who are detained. In Toonan v Australia, the Human Rights Committee determined that any interference with the right to privacy must be proportional to the end sought and be necessary in the circumstances of any case.
The government has determined that the interference with a child’s right to privacy is a reasonable limitation, given the competing rights of families and children and the responsibility of the government to address any issues with the child’s care and wellbeing, in the context of a child who is allegedly involved in terrorist activity.
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