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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
Mark Rix
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 …
Australia's Anti-Terrorism Legislation: The National Security State And The Community Legal Sector, Mark Rix
Australia's Anti-Terrorism Legislation: The National Security State And The Community Legal Sector, Mark Rix
Mark Rix
This paper considers the implications for the community legal sector of the Australian Government’s recent national security and anti-terrorism legislation. Critics of the legislation have deep concerns that, by giving the police and intelligence services considerable new powers in the areas of arbitrary arrest and detention, it will lead to the significant erosion of rights and freedoms that Australians have long been able to take for granted. Other concerns with the legislation relate to the use of force, sedition, and legal representation for those held in preventative detention. In addition, the legislation has no adequate protection against the intelligence services …