Sex, Drugs and Evil Souls: The Growing Reliance on Preventive Detention Regimes
Monash University Law Review, Vol. 32, No. 2, 2006
39 Pages Posted: 3 Mar 2009 Last revised: 15 Apr 2009
Date Written: February 19, 2009
Since the terrorist attacks of 11 September 2001, legislatures around the world have increasingly invoked preventive detention measures to address perceived security risks to the community. Australia has been no exception to this trend. Whilst not a new phenomena, the growing use by States of such exceptional powers raises important policy questions. This article traces the rise of current preventive detention regimes in Australia as they have been applied to various categories of 'dangerous persons', in particular as they relate to sex offenders, the involuntary detention of those with infectious diseases or mental illness, those with alcohol and drug problems, 'unlawful non-citizens' and in relation to terrorism. Policy issues that arise from these regimes are considered, including the conflict between preventive detention regimes and the international human right to freedom from arbitrary detention.
Keywords: preventive detention, arbitrary detention, terrorism
JEL Classification: K0, K00, K14, K33, K42
Suggested Citation: Suggested Citation