Rotovia-
04-11-2005, 06:48
..or the Cheif of Staff...
From : The Premier <ThePremier@premiers.qld.gov.au>
Sent : Tuesday, 1 November 2005 10:17:02 AM
To : <CENSORED@CENSORED>
Dear Wesley
Thank you for your recent correspondence concerning the introduction of new counter-terrorism initiatives. I have been requested to reply to you on the Premier’s behalf.
On 27 September 2005 the Council of Australian Governments (COAG) agreed that there is a clear case for Australia’s counter-terrorism laws to be strengthened after careful consideration of the evolving security environment. It is clear from the recent attacks in London on 7 July 2005 and Bali on 2 October 2005 that the threat of terrorism is real and ongoing.
COAG leaders considered that the proposed measures, such as control orders and preventative detention, are necessitated by the unusual and extreme circumstances confronting our nation. It is essential that government does everything it can to protect the community from terrorism. No one can guarantee that Queensland or Australia will not face a terrorist attack and it is a constant challenge for government to put in place appropriate protection measures to ensure community safety and preservation of our lifestyle, while balancing the rights and liberties of individuals.
For this reason, COAG agreed that any strengthening of counter-terrorism laws must be necessary, effective against terrorism and contain appropriate safeguards against abuse, such as parliamentary and judicial review, and be exercised in a way that is evidence-based, intelligence-led and proportionate. To this end, COAG recognised that Queensland would use the safeguard provided by the Public Interest Monitor for control orders and preventative detention.
This means that in Queensland the Monitor will appear before judges on the hearing of applications for these orders to balance the case being put by the applicant and to ensure the rights of the individual subject to the application are upheld. The Monitor will be able to question witnesses and make submissions to the judge on the appropriateness of the order being sought. For several years, the Monitor has ensured that Queensland police and Crime and Misconduct Commission officers comply with laws dealing with applications for covert search warrants and surveillance device warrants. Queensland is the only jurisdiction in Australia with the additional safeguard of a Monitor.
While Queensland will introduce new laws to deal with terrorism in keeping with the agreement reached by COAG, the Premier is aware of the necessity to ensure that there are tough checks and balances in place, such as the Public Interest Monitor, to safeguard the rights of innocent people.
The detail of provisions in the draft Commonwealth Anti-Terrorism Bill 2005 is still being discussed between Commonwealth, State and Territory officials. The Premier is seeking legal advice on a range of issues pertaining to human rights and the Constitution of Australia to be able to provide comprehensive comment to the Prime Minister on the draft Bill and to make sure the intent of the COAG agreement is upheld.
Again, thank you for writing to the Premier about this issue. Your views have been noted.
Yours sincerely
Rob Whiddon
Chief of Staff
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From : The Premier <ThePremier@premiers.qld.gov.au>
Sent : Tuesday, 1 November 2005 10:17:02 AM
To : <CENSORED@CENSORED>
Dear Wesley
Thank you for your recent correspondence concerning the introduction of new counter-terrorism initiatives. I have been requested to reply to you on the Premier’s behalf.
On 27 September 2005 the Council of Australian Governments (COAG) agreed that there is a clear case for Australia’s counter-terrorism laws to be strengthened after careful consideration of the evolving security environment. It is clear from the recent attacks in London on 7 July 2005 and Bali on 2 October 2005 that the threat of terrorism is real and ongoing.
COAG leaders considered that the proposed measures, such as control orders and preventative detention, are necessitated by the unusual and extreme circumstances confronting our nation. It is essential that government does everything it can to protect the community from terrorism. No one can guarantee that Queensland or Australia will not face a terrorist attack and it is a constant challenge for government to put in place appropriate protection measures to ensure community safety and preservation of our lifestyle, while balancing the rights and liberties of individuals.
For this reason, COAG agreed that any strengthening of counter-terrorism laws must be necessary, effective against terrorism and contain appropriate safeguards against abuse, such as parliamentary and judicial review, and be exercised in a way that is evidence-based, intelligence-led and proportionate. To this end, COAG recognised that Queensland would use the safeguard provided by the Public Interest Monitor for control orders and preventative detention.
This means that in Queensland the Monitor will appear before judges on the hearing of applications for these orders to balance the case being put by the applicant and to ensure the rights of the individual subject to the application are upheld. The Monitor will be able to question witnesses and make submissions to the judge on the appropriateness of the order being sought. For several years, the Monitor has ensured that Queensland police and Crime and Misconduct Commission officers comply with laws dealing with applications for covert search warrants and surveillance device warrants. Queensland is the only jurisdiction in Australia with the additional safeguard of a Monitor.
While Queensland will introduce new laws to deal with terrorism in keeping with the agreement reached by COAG, the Premier is aware of the necessity to ensure that there are tough checks and balances in place, such as the Public Interest Monitor, to safeguard the rights of innocent people.
The detail of provisions in the draft Commonwealth Anti-Terrorism Bill 2005 is still being discussed between Commonwealth, State and Territory officials. The Premier is seeking legal advice on a range of issues pertaining to human rights and the Constitution of Australia to be able to provide comprehensive comment to the Prime Minister on the draft Bill and to make sure the intent of the COAG agreement is upheld.
Again, thank you for writing to the Premier about this issue. Your views have been noted.
Yours sincerely
Rob Whiddon
Chief of Staff
----------------------------------------------------------------------------
Unless stated otherwise, this email, together with any attachments, is
intended for the named recipient(s) only and may contain privileged and
confidential information. If received in error, you are asked to inform the
sender as quickly as possible and delete this email and any copies of this
from your computer system network.
If not an intended recipient of this email, you must not copy, distribute or
take any action(s) that relies on it; any form of disclosure, modification,
distribution and/or publication of this email is also prohibited.
Unless stated otherwise, this email represents only the views of the sender
and not the views of the Queensland Government.
The Queensland Government has a policy of not sending unsolicited bulk email.
Please report any suspected breach of this policy to nospam@premiers.qld.gov.au.
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