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14 October 2005

Less haste and more scrutiny needed for anti-terrorism legislation – our human rights depend on it

President of the Human Rights and Equal Opportunity Commission, John von Doussa QC, expressed concerns at the government’s plans to rush its new anti-terrorism legislation through the Senate process without allowing time for proper political and public scrutiny.

It appears that the Anti-Terrorism Bill 2005 will be introduced on 31 October - the first time it will be made available to the Australian public. Although currently unclear, it appears that the Committee may then have as little as a week to conduct a hearing and report back to the Senate.

“All parties have acknowledged that this is an exceptional Bill, with dramatic consequences for the human rights of all Australians. I would be very disappointed if it were to be rushed through the Senate Committee process without time for proper consideration and input from the Australian public,” the President said.

“I would remind all concerned that the 2002 Bill dealing with additional questioning and detention powers for ASIO was the subject of three separate Parliamentary inquiries and was considered by Parliament over a 12-month period. Most people would agree that the amendments achieved during that process significantly improved the original form of that bill.

The President said that the little information we currently have on the 2005 anti-terrorism legislation indicates that it will have even more dramatic effects on human rights than the previous ASIO Act amendments.

“We have heard much from the government about safeguards that are to be placed upon these draconian powers, but it is only when the detail of these protections are examined through the Committee process that potential problems may be identified,” Mr von Doussa said.

“In my view, proper public scrutiny stands to assist the government by ensuring that the legislation is properly drafted, thus reducing the likelihood that it will be challenged in the courts.

“I would encourage all political parties to work together constructively to ensure that these very important matters can be dealt with thoroughly and expeditiously.”

Media contact: Paul Oliver (02) 9284 9880 or 0408 469 347

Last updated 14 October 2005.