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Abbott plans to scrap independent monitor of terror laws Abbott plans to scrap independent monitor of terror laws
(35 minutes later)
The Abbott government plans to abolish a position that provides independent oversight of Australia’s counter-terrorism and national security laws.The Abbott government plans to abolish a position that provides independent oversight of Australia’s counter-terrorism and national security laws.
The government argued the office of the independent national security legislation monitor was no longer needed because its work overlapped with multiple existing oversight bodies.The government argued the office of the independent national security legislation monitor was no longer needed because its work overlapped with multiple existing oversight bodies.
The monitor – created in 2010 – conducts ongoing reviews of the Australia’s counter-terrorism and national security laws, including whether they are proportionate to threats and contain appropriate safeguards to protect individuals’ rights.The monitor – created in 2010 – conducts ongoing reviews of the Australia’s counter-terrorism and national security laws, including whether they are proportionate to threats and contain appropriate safeguards to protect individuals’ rights.
The role is currently held by Bret Walker SC, who used his most recent annual report to question the efficacy of terrorism financing laws and to recommend an end to the practice of prescribing only part of a terrorist organisation.The role is currently held by Bret Walker SC, who used his most recent annual report to question the efficacy of terrorism financing laws and to recommend an end to the practice of prescribing only part of a terrorist organisation.
The government revealed its plan to wind up the monitor as part of its much-vaunted “repeal day”, aimed at cutting “red tape” across all areas of government.The government revealed its plan to wind up the monitor as part of its much-vaunted “repeal day”, aimed at cutting “red tape” across all areas of government.
Tony Abbott said the repeal day next Wednesday would scrap more than 9,500 unnecessary or counter-productive regulations and 1,000 redundant acts in “the biggest bonfire of regulations in our country’s history”.Tony Abbott said the repeal day next Wednesday would scrap more than 9,500 unnecessary or counter-productive regulations and 1,000 redundant acts in “the biggest bonfire of regulations in our country’s history”.
“It will abolish the independent national security legislation monitor because all relevant legislation has already been reviewed and the former government ignored all the monitor’s recommendations,” the prime minister said.“It will abolish the independent national security legislation monitor because all relevant legislation has already been reviewed and the former government ignored all the monitor’s recommendations,” the prime minister said.
The parliamentary secretary heading the deregulation push, Josh Frydenberg, said the government remained firmly in support of independent oversight of counter-terrorism and national security legislation.The parliamentary secretary heading the deregulation push, Josh Frydenberg, said the government remained firmly in support of independent oversight of counter-terrorism and national security legislation.
“However, multiple independent oversight mechanisms already exist which perform this role,” he said, citing the inspector-general of intelligence and security, the Australian Commission for Law Enforcement Integrity, and joint parliamentary committees.“However, multiple independent oversight mechanisms already exist which perform this role,” he said, citing the inspector-general of intelligence and security, the Australian Commission for Law Enforcement Integrity, and joint parliamentary committees.
Frydenberg said Walker would prepare a fourth and final report before his term expired on 20 April, bringing an end his thorough review.Frydenberg said Walker would prepare a fourth and final report before his term expired on 20 April, bringing an end his thorough review.
“The government considers the best way forward is to work through the large number of recommendations made by the monitor and to continue engaging with the extensive range of existing independent oversight bodies,” Frydenberg said.“The government considers the best way forward is to work through the large number of recommendations made by the monitor and to continue engaging with the extensive range of existing independent oversight bodies,” Frydenberg said.
The Greens’ legal affairs spokeswoman, Penny Wright, The Greens’ legal affairs spokeswoman, Penny Wright, said Walker’s reports might be highly inconvenient for the government but they could not be described as red tape.
said Walker’s reports might be highly inconvenient for the government “Successive governments have ignored the recommendations of Bret Walker to fix the over-zealous Howard counter-terrorism laws,” she said.
but they could not be described as red tape. “The Australian Greens will be blocking this repeal because the government should not be hiding from independent advice about human rights infringements.”
“Successive
governments have ignored the recommendations of Bret Walker to fix the
over-zealous Howard counter-terrorism laws,” she said.
“The Australian Greens will be blocking this repeal because the
government should not be hiding from independent advice about human
rights infringements.”
Walker’s most recent report, tabled in parliament late last year, recommended changes to the way in which terrorist organisations were prescribed under the Criminal Code Act.Walker’s most recent report, tabled in parliament late last year, recommended changes to the way in which terrorist organisations were prescribed under the Criminal Code Act.
“The controversial approach of listing only part of an organisation as terrorist should stop: an organisation has the character of being terrorist or it does not,” Walker wrote.“The controversial approach of listing only part of an organisation as terrorist should stop: an organisation has the character of being terrorist or it does not,” Walker wrote.
“Where there are presently partial listings, consideration should be given to replacing them with listings of the whole of those organisations as terrorist organisations.”“Where there are presently partial listings, consideration should be given to replacing them with listings of the whole of those organisations as terrorist organisations.”
Walker also highlighted how his previous recommendations had not been implemented. He said he had found nothing to suggest that the counter-terrorism laws were being used for matters unrelated to terrorism and national security.Walker also highlighted how his previous recommendations had not been implemented. He said he had found nothing to suggest that the counter-terrorism laws were being used for matters unrelated to terrorism and national security.
The abolition of the monitor was part of a raft of legislation presented to the lower house on Wednesday, with a debate and vote set to take place next Wednesday.The abolition of the monitor was part of a raft of legislation presented to the lower house on Wednesday, with a debate and vote set to take place next Wednesday.
The proposals include winding back elements of Labor’s financial advice protection laws, updating classification laws and changing aged care certification requirements.The proposals include winding back elements of Labor’s financial advice protection laws, updating classification laws and changing aged care certification requirements.
The government is pushing ahead with its plans to abolish the Australian Charities and Not-for-profits Commission (ACNC), despite some of the nation’s best-known charities signing an open letter urging Abbott to save the national regulator.The government is pushing ahead with its plans to abolish the Australian Charities and Not-for-profits Commission (ACNC), despite some of the nation’s best-known charities signing an open letter urging Abbott to save the national regulator.
Lifeline, Save the Children, Wesley Mission Victoria, the RSPCA and the YMCA were among 54 organisations, experts and advocates to warn against a return to the Tax Office having the key role in determining charitable status.Lifeline, Save the Children, Wesley Mission Victoria, the RSPCA and the YMCA were among 54 organisations, experts and advocates to warn against a return to the Tax Office having the key role in determining charitable status.
Abbott said the government’s would abolish the ACNC, established in 2012, “because people serving our community don’t deserve a new level of scrutiny”.Abbott said the government’s would abolish the ACNC, established in 2012, “because people serving our community don’t deserve a new level of scrutiny”.
The opposition accused the government of ignoring clear pleas from the charity sector. But the minister for social services, Kevin Andrews, said the letter had been “signed by only 54 individuals” who were not representative of more than 600,000 not-for-profits that made up the sector.The opposition accused the government of ignoring clear pleas from the charity sector. But the minister for social services, Kevin Andrews, said the letter had been “signed by only 54 individuals” who were not representative of more than 600,000 not-for-profits that made up the sector.
“I have had ongoing consultations with major stakeholders and have heard overwhelming evidence that the ACNC needs to go,” Andrews said.“I have had ongoing consultations with major stakeholders and have heard overwhelming evidence that the ACNC needs to go,” Andrews said.
“We believe that the role of government is to support civil society, not to control it or bind it in more red tape.”“We believe that the role of government is to support civil society, not to control it or bind it in more red tape.”
The sector should be allowed to “self-manage”, according to the explanatory notes accompanying the government’s bill. But the abolition will not take effect until a later bill providing the details of the arrangements to replace the commission.The sector should be allowed to “self-manage”, according to the explanatory notes accompanying the government’s bill. But the abolition will not take effect until a later bill providing the details of the arrangements to replace the commission.
The shadow attorney general, Mark Dreyfus, said repeal day was about the “tearing away of many good and responsible protections that Australians rely on and trust their governments to enact and enforce”.The shadow attorney general, Mark Dreyfus, said repeal day was about the “tearing away of many good and responsible protections that Australians rely on and trust their governments to enact and enforce”.
The leader of the Greens, Christine Milne, said she was concerned the so-called “regulation bonfire” contained some “very bitter pills” including changes to environmental protections.The leader of the Greens, Christine Milne, said she was concerned the so-called “regulation bonfire” contained some “very bitter pills” including changes to environmental protections.