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So much for Rudd's 'full judicial inquiry'

By Stephen Keim - posted Monday, 29 September 2008


Part 1C of the Crimes Act was never intended to result in detention for 12 days without charge. An express upper limit on the period of detention should be inserted into the legislation.

The hearings before Mr Gordon in which orders for increased investigation time and periods of down time were made failed to act as the safeguards they were intended to be. The legislation should make clear that they are not secret hearings; that the detainee is entitled to be told the information on which the application is based; and the hearing should take place in the presence of the detainee, whether he has legal representation or not.

The Migration Act is a vehicle of political expediency. It should be completely rewritten.

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Australia should work to make sure that its public servants are professional and fearless. Minsters will receive better advice if that is achieved.

Finally, when we address the threat of international terrorism, Australia must ensure that the time and resources dedicated to that objective are managed and deployed by a leadership team that always has, as its number one priority, the security and safety of the Australian people. Our law enforcement officers must have leadership they can trust and respect.

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This article is an edited version of a talk given by the author - The Clarke Inquiry in Progress: Tentative Observations for Reform, notes for a talk at the Federal Criminal Law Conference, at the Hilton Hotel, Sydney on September 5, 2008. Read the full article here (PDF 132KB). First published at Justinian.com.au in September 2008.



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About the Author

Stephen Keim has been a legal practitioner for 30 years, the last 23 of which have been as a barrister. He became a Senior Counsel for the State of Queensland in 2004. Stephen is book reviews editor for the Queensland Bar Association emagazine Hearsay. Stephen is President of Australian Lawyers for Human Rights and is also Chair of QPIX, a non-profit film production company that develops the skills of emerging film makers for their place in industry.

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Creative Commons LicenseThis work is licensed under a Creative Commons License.

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