John Rau introduces new laws to SA Parliament to restrict parole and bail for people with terror links
LAWS to restrict bail and parole for alleged offenders with terrorism links have been introduced to state Parliament.
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LAWS to restrict bail and parole for alleged offenders with terrorism links have been introduced to state Parliament.
It comes a week after Premier Jay Weatherill announced the state would move to crack down on people who had demonstrated support for, or were linked to, terrorist organisations in the wake of attacks in Australia and overseas.
It was agreed at the most recent meeting of state leaders and Prime Minister Malcolm Turnbull that all jurisdictions would tighten their laws.
South Australian Attorney-General John Rau put the Statutes Amendment (Terror Suspect Detention) Bill to MPs in Parliament’s Lower House on Tuesday morning, as the state Liberals demanded that the Government speed up the installation of permanent security barriers at Adelaide Oval to minimise the risk of terrorist acts.
The Government’s Bill makes changes to four separate laws, including creating an automatic denial of police bail and a presumption against court-ordered bail for any person with links to terrorism.
This is defined as having been previously charged with, or convicted of, a terrorist offence or being the subject of a terrorism notification — a new declaration created by the new laws.
Mr Rau said terrorism notifications would be made by certain “terrorism intelligence authorities”, which Mr Weatherill has previously indicated would likely be agencies such as the Australian Federal Police or ASIO.
“These terrorism notifications are designed to ensure that relevant agencies in South Australia are alerted when other jurisdictions, including the Commonwealth, become aware that a person has demonstrated support for, or links to terrorist activities,” Mr Rau said.
Restrictions on bail would apply to someone who has a history of being charged or convicted of a terrorist offence, regardless of which offence brought them to the attention of authorities.
“Any person who is a terror suspect cannot be granted bail unless they establish the existence of special circumstances justifying their release,” Mr Rau said.
The new laws also create a presumption against parole for any convicted offender who has demonstrated support for, or had links to, terrorist activity.
Current laws allow some prisoners to be released into the community at the end of their non-parole period, such as those whose total sentence was less than five years and who have not committed an offence of a sexual or violent nature or involving firearms.
However, the proposed laws would ensure that a prisoner who is a terror suspect cannot be released automatically into the community, even if they meet that criteria.
The head of the Parole Board would not be allowed to release a terror suspect “unless there are
special circumstances justifying their release” and would have to ask terrorism intelligence authorities to make submissions about the case.
Any person who is a terror suspect, or becomes a terror suspect, while on parole once the new laws take effect would have their release on parole reviewed in line with the new rules.
Mr Rau noted that some prisoners “choose to serve their entire head sentence in prison and be released unconditionally and unsupervised, rather than apply for parole”.
The new laws would enable the state or Commonwealth Attorneys-General to apply to the Supreme Court for an order to continue to monitor those prisoners once they are released from jail as they would be classified as a high risk offender.
“The courts needs to take into account ... the likelihood of the terror suspect committing a terrorist offence, or otherwise being involved in a terrorist act, or committing a serious offence of violence,” Mr Rau said.
He said the Government wanted to move “swiftly” on the legislation to better protect South Australians, but added that he could make further changes as he continued to consult with law enforcement and security agencies and governments around the country.
Meanwhile, Opposition Deputy Leader Vickie Chapman has urged the State Government to fast track work to install retractable bollards, concrete seating and planter boxes at Adelaide Oval to better protect spectators.
“These safety measures were meant to be in place for the start of this year’s AFL season and it’s disappointing that they won’t be installed until December, more than eight months later than originally promised,” she said.
“By way of contrast, in December last year, the Adelaide City Council committed to installing retractable bollards at the entry points to Rundle Mall. That project is now complete.
“If the hold-up is financial then the Treasurer needs allocate the necessary money in Thursday’s State Budget and the Department of Planning, Transport and Infrastructure needs to get on with the job immediately.”
Police Minister Peter Malinauskas said while the current temporary measures are “not particularly attractive” they were “more than adequate” to provide protection.
“The advice that we get from SA Police is that the temporary arrangements that are in place do proved the security that footy-goers want to see,” Mr Malinauskas said.
“What’s most important is the security of people.”