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Counter-Terrorism And Information: The Nsi Act, Fair Trials And Open, Accountable Government, Mark Rix
Counter-Terrorism And Information: The Nsi Act, Fair Trials And Open, Accountable Government, Mark Rix
Sydney Business School - Papers
This paper investigates Australia’s National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (hereafter, the NSI Act) focusing on its provisions for protecting national security information. The investigation highlights the broad and encompassing definitions of ‘national security’ and ‘information’ used in the Act and considers the measures it prescribes for the protection of so-called ‘security sensitive’ information in Federal civil and criminal proceedings. The paper then examines the implications of the definitions and measures for a suspect’s prospects of receiving a fair trial in terrorism cases. Here, the paper highlights the serious restrictions the Act places on a legally-aided …
Counter Terrorism And Access To Justice: Public Policy Divided?, Mark Rix
Counter Terrorism And Access To Justice: Public Policy Divided?, Mark Rix
Sydney Business School - Papers
This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting genuine …
With Reckless Abandon: Haneef And Ul-Haque In Australia's 'War On Terror', Mark Rix
With Reckless Abandon: Haneef And Ul-Haque In Australia's 'War On Terror', Mark Rix
Sydney Business School - Papers
This brief paper considers the political and social implications of the manner in which Australia has prosecuted the so-called ‘war on terror’. It does this by investigating relevant aspects of Australia’s anti-terrorism legislation and the performance of Australian security and law enforcement agencies, namely, the Australian Security and Intelligence Organisation (ASIO) and the Australian Federal Police (AFP). Focusing on the Haneef and Ul-Haque cases, the paper will consider how the political climate created by the former Federal Government’s legislative approach to the war on terror has influenced the performance of these organisations. By focusing on these two cases, the paper …
Australia And The 'War Against Terrorism': Terrorism, National Security And Human Rights, Mark Rix
Australia And The 'War Against Terrorism': Terrorism, National Security And Human Rights, Mark Rix
Sydney Business School - Papers
This paper considers whether in the ‘war against terrorism’ national security is eroded or strengthened by weakening or removing the human rights of the individuals who constitute the polity. It starts with the view that national security is, at its most fundamental, founded upon the security and liberty of the person from criminal and violent acts, including terrorist attacks. Such attacks, and the individuals and groups who perpetrate them, constitute a grave threat to the peace and security of nations the world over and thus endanger the security and liberty of the individuals who make up their populations. Governments are …