A ‘Watch Dog’ of Australia’s Counter-Terrorism Laws – The Coming of the National Security Legislation Monitor

Flinders Journal of Law Reform, No. 12, pp. 83-118, 2010

UNSW Law Research Paper No. 2011-26

41 Pages Posted: 15 Aug 2011 Last revised: 7 Feb 2012

See all articles by Andrew Lynch

Andrew Lynch

University of New South Wales

Nicola McGarrity

University of New South Wales (UNSW)

Date Written: August 7, 2011

Abstract

The Independent Reviewer of Terrorism Legislation in the United Kingdom has been an influential model for Australia, with the general consensus amongst bodies reviewing Australia’s anti-terrorism laws being that an Australian office should be created along similar lines. In this paper, we consider the history and recent performance of the United Kingdom Independent Reviewer in order to better understand the strengths and deficiencies of this model. These insights contribute to our discussion about the merits of two Bills introduced into the Commonwealth Parliament in 2008 and 2009, which proposed the establishment of an Independent Reviewer of Terrorism Legislation or National Security Legislation Monitor in Australia. The second of these Bills, the National Security Legislation Monitor Bill 2009 (renamed the Independent National Security Legislation Monitor Bill 2010 by the Senate) was passed by the Commonwealth Parliament in March 2010. In examining the 2008 and 2009 Bills, the article examines the final reports of two separate Senate Committee reports into the two Bills, and draws upon and critiques the arguments raised by the various stakeholders who made submissions to those Committees.

Keywords: anti-terrorism, independent reviewer, legislative review

Suggested Citation

Lynch, Andrew and McGarrity, Nicola, A ‘Watch Dog’ of Australia’s Counter-Terrorism Laws – The Coming of the National Security Legislation Monitor (August 7, 2011). Flinders Journal of Law Reform, No. 12, pp. 83-118, 2010; UNSW Law Research Paper No. 2011-26. Available at SSRN: https://ssrn.com/abstract=1909694

Andrew Lynch (Contact Author)

University of New South Wales ( email )

Kensington
High St
Sydney NSW 2052
Australia

Nicola McGarrity

University of New South Wales (UNSW) ( email )

Kensington
High St
Sydney, NSW 2052
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
85
Abstract Views
666
rank
296,543
PlumX Metrics