State and Federal governments have passed anti-terrorism laws but many people are unaware of the possible effects these laws will have. They are also unaware that these laws are currently being reviewed.

The Federation of Community Legal Centres would like to assist people to understand the laws and to participate in the review. Community Legal Centres (CLC’s) can arrange for people to speak to members of your community or organisation and can provide legal advice to those in your community that have been or a fearful of being directly affected by the laws.

Summary of the laws:

• ‘Terrorist Act’ is very broadly defined.
• The Government has the power to ban an organisation if it comes under the broad definition of ‘terrorist organisation’.
• It is an offence to be ‘associated’ with a terrorist organisation.
• ASIO has given broad powers to compulsorily question or detain a person suspected of having information related to ‘terrorism’.
• Persons detained or compulsorily questioned by ASIO have only limited rights to legal representation.
• Persons detained or compulsorily questioned by ASIO have no right to silence - they are required to answer all questions asked.
• ASIO’s powers to detain and compulsory question are cloaked in secrecy - it is an offence for anyone to discuss the use of such powers for two years after they are used.

More detailed information about the laws is available from www.civilrightsnetwork.org or www.amcran.org

The effect these laws may have:
These laws have far-reaching effects. For example, they may make illegal the giving of funds to some groups engaged in movements for self-determination. Moreover, because they confer powers upon ASIO to detain persons suspected only of having information relating to ‘terrorism’ and not of any wrongdoing, innocent people can now be detained by ASIO.

Besides their direct effect, these laws may also generate unnecessary fear amongst the Australian public. Some might be hesitant to engage in dissent and protest for fear of being branded a ‘terrorist’. Because these laws appear to have been directed at Muslims, they may also contribute to prejudice and discrimination against Islamic members of the community.

Review of the laws:
These laws will be reviewed this year. This is a good opportunity to try and get some positive changes to the laws.

A committee of Federal Parliament is currently reviewing the laws that give ASIO the power to compulsorily question and detain persons suspected merely of having information related to ‘terrorism’. Members of the community are invited to make written submissions to the committee. These submissions are due on the Thursday March 24 2005.

Submissions may include an account of how these laws have affected, or may affect, your community, or they may simply be your opinion on how these laws take away your civil rights. If you make a submission, it will help the committee report to the government the effect of these laws. The committee will report back to the government the results of its review by 22 January 2006.

The other anti-terrorism laws will all be reviewed some time in the second half of 2005. There will be two reviews, one conducted by the same committee of Federal Parliament and the other by an independent committee. More details of these reviews will be available from www.civilrightsnetwork.org as they become available.

How we can help:
Our CLC can assist your organisation or community by:

• Conducting a group community legal education session to help people better understand anti-terrorism and discrimination laws. We can arrange interpreters if needed.
• Speaking at one of your meetings or networks.
• Assisting your organisation to make a submission to the review committee.
• Assisting people to get legal advice about matters relating to anti-terrorism laws and discrimination.
• More information about community legal centres and our work in this area can be found from http://www.communitylaw.org.au/cb_pages/legal_resources.php.