ASIO’s extraordinary detention powers extended until March 2021

The Law Council of Australia says COVID-19 should not be used an excuse to curtail Australia’s personal freedoms that are unrelated to the pandemic.

Emergency COVID-19 powers have been used to again extend the powers of the Australian Security Intelligence Organisation (ASIO) to detain people for up to seven days for compulsory questioning in relation to terrorism, even though the government proposes to repeal them.

Law Council President, Pauline Wright, noted the highly extraordinary nature of these powers, which have no equivalent in the laws of Australia’s closest intelligence partners, including the United States, United Kingdom, Canada and New Zealand. Read more.

Advocacy

Inquiries and consultations as of 9 September 2020. 
 

• Exemption of delegated legislation from parliamentary oversight, Parliamentary Senate Standing Committee for the Scrutiny of Delegated Legislation.

• Review of AFP Powers, Parliamentary Joint Committee on Intelligence and Security.

• Protecting Critical Infrastructure and Systems of National Significance, Department of Home Affairs.

• Interest rate payable on fidelity fund claims, Legal Services Council.

• Phase 2 of the Review of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Act, National Indigenous Australians Agency.

• Reef 2050 Long-Term Sustainability Plan Review, Department of Agriculture and Water Resources.

• An Investigation into the effectiveness of ATO communications of taxpayers' rights to complain, review and appeal, Inspector-General of Taxation.

• A new National Disability Strategy – Stage 2 consultations, Department of Social Services.

• Review into the Framework of Religious Exemptions in Anti-discrimination Legislation, Australian Law Reform Commission.

• Australia-United Kingdom Free Trade Agreement, Department of Foreign Affairs and Trade.

• Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.

• Review of the Lands Acquisition Act 1989 (Cth), Department of Finance.

• Draft Propositions by Counsel Assisting, Royal Commission into National Natural Disaster.

• National Commissioner for Defence and Veteran Suicide Prevention, Attorney-General’s Department / National Commissioner.

• Crimes Legislation Amendment (Economic Disruption) Bill 2020, Parliamentary Senate Legal and Constitutional Affairs Legislation Committee.

• Australia’s Foreign Relations (State and Territory Arrangements) Bill 2020 and Australia’s Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020, Parliamentary Senate Standing Committees on Foreign Affairs Defence and Trade.

• National Commissioner for Defence and Veteran Suicide Prevention Bill 2020 and the National Commissioner for Defence and Veteran Suicide Prevention (Consequential Amendments) Bill 2020, Parliamentary Senate Standing Committees on Foreign Affairs Defence and Trade.

• Guidance for digital check-in providers collecting personal information for contact tracing, Office of the Australian Information Commissioner. 

News and Media 

Media releases and statements:

• ASIO’s extraordinary detention powers extended until March 2021, 4 September 2020.
• Law Council of Australia calls for parliamentary inquiry into environmental bill, 4 September 2020.
• Interim report lights way for tech to play greater role in corporate regulation in wake of COVID-19, 2 September 2020. 
• Vital safeguards missing from citizenship cessation laws, 1 September 2020. 
• ALRC Review: Law Council urges caution on changes to fundamental principles of criminal responsibility, 1 September 2020. 
• Law Council welcomes recommendations for sweeping changes to media freedom laws, 27 August 2020. 

​Key coverage:

• Family law system needs work to fix ‘pervasive' problem, Lawyers Weekly, 10 September 2020. 
• 'Crucial environmental bill shouldn't be rushed', Lawyers Weekly, 8 September 2020.
• Banks and fintechs back call for new regulator of the data economy, AFR, 3 September 2020. 
• 'Buy now, pay later' stars like Afterpay, Zip don't need regulation, Senate inquiry into fintech says, ABC online, 3 September 2020. 
• Federal Circuit Court judge Guy Andrew's 'cruel, humiliating' conduct forces retrial, The Australian, 2 September 2020. 
• Bill that could see immigration detainees have their phones confiscated passes lower house, SBS, 2 September 2020. 
• Justice system biases target female offenders, Lawyers Weekly, 31 August 2020. 
• Sweeping changes recommended to media freedom laws, Lawyers Weekly, 28 August 2020. 

Events

September

• 15 September 2020 - ILS International Law and Practice Course 2020 Lecture Three
  Host: International Law Section
  Time: 5.00pm - 6.30pm AEST
  Location: Webinar via Zoom

October

• 20 October 2020 - ILS International Law and Practice Course 2020 Lecture Four
  Host: International Law Section
  Time: 5.00pm - 6.30pm AEST
  Location: Webinar via Zoom