Terrorists left to rot in Australian jails long after their prison sentences expire could soon be offered a major reprieve.
The national security watchdog has recommended the government scrap the power to detain terrorists on so-called continuing detention orders.
The orders allow for an offender to be kept in prison after their sentence ends due to the risk of reoffending.
The repeal would leave the government with the ability to seek an extended supervision order, which allows police to heavily monitor released terrorists.
The Independent National Security Legislation Monitor also wants to overhaul the way terror risks are assessed before prisoners are released.
The assessment to predict future risks posed underpins whether either of the two orders are granted by a court.
“The current provisions are confusing and contradictory,” the watchdog said in a report published on Thursday.
It said rehabilitation and reintegrating offenders back into the community needed to be considered when the orders were being made, and urged great scrutiny of expert opinions relied upon.
One of Australia’s most infamous domestic terrorists, Abdul Nacer Benbrika, has been in jail for almost 18 years.
His continued detention order, which has kept him in custody for three years beyond his 15-year sentence, will expire later this year.
At a recent hearing, Benbrika’s lawyers raised concerns about how the order was obtained.
A report by researcher Emily Corner and referred to by the watchdog in public hearings found how risk was assessed before granting an order was no better than “chance”.
Benbrika’s lawyers were initially kept in the dark about the report’s findings and experts whose testimony was used to grant the order and they weren’t aware of Dr Corner’s assessment.
The watchdog was scathing about the report being kept secret, saying Home Affairs claims it wasn’t released because it contained sensitive information were “completely wrong”.
The report recommended greater transparency and changes to how information was handled to ensure the same thing didn’t happen again, “where plainly relevant material was withheld by the government from defendants”.
“It is of very great concern that Dr Corner’s report has not been disclosed to any defendant in any application made (for both orders),” the report said.
Benbrika is expected to be placed on an extended supervision order following his release from prison, which would see him monitored 24 hours a day, with his telephone and online communications, friendships and movements closely scrutinised.
-AAP
