The Independent National Security Legislation Monitor’s Review of the Commonwealth post-sentence detention and monitoring regime for terrorist offenders

Research output: Other contribution to conferenceAbstractpeer-review

Abstract

In 2022, Australia’s Independent National Security Legislation Monitor (INSLM) conducted a review of Division 105A of the Criminal Code (Cth), the division of Australia’s Federal Criminal Code which enables, prior to the expiry of a sentence of imprisonment for terrorism offences, post-sentence orders to be made. Those orders are either continuing detention orders or community-based extended supervision orders. The hope is to be able to discuss the INSLM’s final report relating to this review. If that is not possible, a review of themes the INSLM pursued in public hearings and a discussion of points pressed by submission writers alongside relevant case law will be presented. Prominent themes in this review have included: (i) whether an object of offender rehabilitation should be added to the current sole object of community protection in s 105A.1, (ii) the role of risk assessment and expert evidence in post-sentence order proceedings, and, (iii) whether other orders may be more appropriate in some cases including mental health orders under State or Territory law or control orders under the Criminal Code (Cth).
Original languageEnglish
Publication statusPublished - 25 Nov 2022
Event41st Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law - Hilton Hotel, Adelaide, Australia
Duration: 23 Nov 202225 Nov 2022
https://anzapplcongress.com/

Conference

Conference41st Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law
Abbreviated titleRights and Responsibilities: Challenges and Opportunities for Reform
Country/TerritoryAustralia
CityAdelaide
Period23/11/2225/11/22
OtherThe 41st Australian and New Zealand Association of Psychiatry, Psychology and Law Annual Congress will be held in Adelaide from 23 – 25 November 2022. Our theme will be Rights and Responsibilities: Challenges and Opportunities for Reform.

It’s been more than two years since the last in-person Congress, and we are looking forward to being reunited again ‘in real life’, reconnecting with colleagues and taking part in meaningful discussions in November this year.

From learnings to trends, to what’s in store for the future for our community – we will have sessions loaded with information you will not want to miss. This of course will be set against the backdrop of Adelaide, a thriving Australian city, with a burgeoning bar and dining scene and world-class art and music.

We look forward to welcoming presentations from Professor David Garland, Cheryl Axelby, Professor Kevin Dutton, Dr Armon Tamatea, Professor John Lynch and Melissa Clarke.

ANZAPPL looks forward to welcoming you to Adelaide, stay tuned for further details.
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