Terrorism laws: prevention is better than cure

Last year, laws were passed which doubled the detention period available for police questioning. This addressed concerns police needed more time to follow up leads discovered during questioning which might lead to further questioning, particularly with the prospect of large scale attacks in multiple locations.

At the time, less weight was given to circumstances where the person associated with a proposed or actual attack might not be someone about whom anything is known to justify questioning. The London attack has heightened awareness the danger could come from someone who is unknown to the authorities. It has also led to more attention being paid to those who urge violence and spur on others to join their cause.

Terrorist plots are often complex and can involve many people. Potential participants need to be identified and isolated so the dynamics of their associations can be properly examined in a time critical way.

If a risk exists, the police need preventative detention powers or controls over movement and communication. The discomfort involved in restrictions of this nature if imposed upon an individual is nothing compared with the lifetime of pain and suffering for the innocent survivor of a terrorist attack.

Accountability mechanisms are a central feature of Australia’s terrorism laws. They ensure innocent people are not caught up in such an operation. Watchdogs such as the Commonwealth Ombudsman and the Inspector General of Intelligence and Security are there to respond on behalf of individuals if there are any such problems.

The biggest mistake anyone can make is to underestimate the enemy. The enemy is dynamic, always trying out new strategies and deploying whatever resources can be sucked into the cause of terrorism.

Our ongoing legal response has to be equally as dynamic, within the complex environment of parliamentary processes and shared responsibility with state and territory governments. In a democratic system we strive to make laws that are acceptable to the community. It follows that we have to work hard to ensure those laws are sufficient to deal with an ever-changing terrorist threat. Anything less would be a dereliction of our duty to protect the safety and security of all Australians.