Some important developments that have taken place over the last couple of months include the release of new draft legislation to combat people traffi cking; the release of the Expert Panel on Asylum Seekers Report; and a number of reviews and inquiries into counter terrorism measures.
People Traffi cking
On 1 August 2012, the Law Council made a submission to the Senate Legal and Constitutional Aff airs Committee (the Committee) in response to its inquiry into the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Traffi cking) Bill 2012 (the Bill).
The purpose of the Bill is to ensure that a broad range of exploitative behaviour is captured and criminalised through the introduction of a range of new off ences and amendments to existing defi nitions applying to traffi cking, slavery, and slavery- like off ences.
The Law Council was pleased to see that a number of the suggestions it raised in its submissions on the Criminal Justice Response to Slavery and People Traffi cking; Reparation and Vulnerable Witness Protections Discussion Paper and on an Exposure Draft of the Bill released by the Attorney-General’s Department were incorporated in the Bill. However, the Law Council expressed disappointment that the Bill or any related measures did not address the provision of proper compensation for victims of traffi cking; improved protections for victims who give evidence; or improved assistance for victims, including legal assistance.
Fiona McLeod SC, who assisted the Secretariat with the submission, was invited to give evidence before the Committee on 29 August 2012.
At the Committee hearing, the Law Council was asked about:
• The elements of the off ence of causing someone to enter into or remain in servitude.
• The advantages of including examples to illustrate the elements of the off ences in the Bill or the Explanatory Memorandum.
• The current diffi culties with victims relying on diff erent state and territory compensation schemes and the need for a Commonwealth victims compensation scheme.
• The current diffi culties with the requirement for victims to cooperate with investigating and prosecuting authorities to be eligible for certain visas.
Expert Panel on Asylum Seekers
On 13 August 2012 the Expert Panel on asylum seekers released its report which included 22 recommendations to the Government.
The Panel advocated for a dual approach which is based on adjustments to Australia’s national policy settings and enhanced regional cooperation arrangements. The Panel believes that the underlying principle for both approaches is to shift the balance of risk, predictability and incentive in favour of the use of regular pathways of international protection and migration and away from the need to resort to irregular and dangerous boat voyages.
The Panel believes that this can be done by increasing the humanitarian intake and by implementing measures to discourage the use of irregular maritime travel to Australia through off shore processing and through disincentives for people who arrive through irregular maritime voyages.
The Law Council provided a submission to the Panel on 18 July 2012 which outlined the minimum requirements that it submitted should form part of any policy option or legislative response to the issue.
The Law Council will engage in further advocacy seeking implementation of the full range of recommendations by the Panel, particularly those containing legal safeguards and other protections for asylum seekers.
Counter Terrorism
In June 2012, the Law Council published an updated version of its Anti-Terrorism Reform Project, which consolidates:
• past Law Council advocacy on Australia’s anti-terror laws;
• the fi ndings of independent inquiries and reviews of Australia’s anti-terror laws; and
• the relevant case law.
On 13 July 2012, the Law Council provided a copy of the updated document to the Independent National Security Legislation Monitor, Mr Bret Walker SC.
On 1 August 2012, the Law Council made a submission to the inquiry by the Parliamentary Joint Committee on Law Enforcement into the gathering and use of criminal intelligence.
The Law Council’s submission focussed on the gathering and use of criminal intelligence by the Australian Crime Commission (ACC) and the role of the ACC in the context of the National Security Framework.
The co-chair of the Law Council’s National Criminal Law Committee, Tim Game SC gave evidence before the Committee on 21 September 2012.
On 20 August 2012, the Law Council made a submission on a range of proposed reforms to national security legislation outlined in a Discussion Paper prepared for the purpose of an inquiry by the Parliamentary Joint Committee on Intelligence and Security. The Discussion Paper contained a wide range of proposed reforms which would constitute a signifi cant expansion of the powers of Australia’s law enforcement and intelligence agencies.
The Law Council’s submission questioned whether such an expansion is necessary in light of the extensive powers already available to these agencies to investigate and address threats to national security. It also questioned whether the introduction of these reforms constitutes a proportionate response to the national security threats facing Australia, particularly given their intrusive impact on the rights of individuals.
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