4524 - SS - Review of post-sentence terrorism orders rehabilitation measures

19 Review of post-sentence terrorism orders—rehabilitation 2 About the Law Council of Australia The Law Council of Australia represents the legal profession at the national level; speaks on behalf of its Constituent Bodies on federal, national, and international issues; promotes and defends the rule of law; and promotes the administration of justice, access to justice and general improvement of th. [...] We reiterate our recommendation that section 105A.4 should be amended to remove one of the exceptions to the obligation to treat people who are subject to a CDO in a way that is appropriate to their status as a person who is not serving a criminal sentence.15 This is the exception in paragraph 105A.4(1)(a) for the ‘management’ or ‘good order’ of the prison. [...] The Law Council considers that one of the difficulties of the current system for federal parole is the arbitrary refusal of offenders convicted of certain types of offences, such as terrorism offences. [...] For instance, in a recent case involving a vulnerable child with a fixation in relation to ISIS, a permanent stay was granted because of the contribution of law enforcement officials to the offender’s re-radicalisation because of online chats by a covert officer—these actions were contrary to the ongoing engagement of the offender and their family in the CISP program.43 In that case, it was found. [...] Dr David Neal SC, senior counsel for the respondent in that application, noted that the moderate Imam in that case was very experienced, the leader of a prominent local Mosque, and well-respected in the local community—this was conducive to a relationship of trust and influence between the respondent and the Imam.