Nicola McGarrity (director of the Terrorism and Law Project at the Gilbert + Tobin Centre of Public Law at the University of NSW) states that: the proposed changes to anti-terrorism laws fail to find a balance between human rights and protecting citizens. In NSW, laws were recently passed giving police the power to apply to a judge for a covert search warrant to investigate premises connected with organised crime...enables police to delay notifying the occupier of premises of the search for up to three years. These laws were met with outrage from civil libertarian groups. The Federal Governments proposal is far MORE INTRUSIVE. As in NSW, there would be no ability for the occupier to object to the search or any evidence collected (as they would not be aware that a search had been conducted). But, further, there would be NO JUDICIAL SUPERVISION of the search...entirely to the discretion of the police to decide whether they suspect there is material on the premises relating to a terrorism offence and whether there is a threat to public health or safety. The police are not infallible. In issuing a warrant, a judge acts as a check on the police - to ensure that there is sufficient evidence to justify the violation of a persons basic right to home and privacy and no police misconduct on the premises. In the regime proposed by the Government, the POLICE COULD ENTER A PERSONs HOME ESSENTIALLY AT WHIM. Before a change like this is made, it should be demonstrated that the current search warrant regime doesnt work. As recently as last week, raids in Victoria resulted in the arrest and charging of five men with terrorism offences. There was NO SUGGESTION that the search warrant regime had caused investigators any problems. Rather, those bodies claimed that an imminent terrorist attack had been prevented. Read more: theage.au/federal-politics/freedoms-are-losing-out-to-fear-20090813-ejst.html#ixzz39afPGjEU
Posted on: Wed, 06 Aug 2014 06:35:58 +0000
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