Proposed amendments introduced to parliament yesterday by Home Affairs Minister Peter Dutton would allow for children as young as 14 to be questioned by Australia’s domestic spy agency. Legal bodies are deeply concerned.
The proposed legislation, which would amend the Australian Security and Intelligence Act 1979, would lower the age limit of minors who may be subject to Australian Security and Intelligence Organisation (ASIO) questioning from 16 to 14.
It would also permit ASIO to use tracking devices with a verbal, internal warrant only (making it harder to track), extend its powers to question people over “foreign interference”, and allow it to boot legal representation from questioning if the lawyer became “unduly disruptive”.
Dutton defended the legislation in parliament yesterday, saying it was in response to an “increased threat by minors” partaking in political violence, and citing the 2015 shooting murder of NSW Police employee Curtis Chang by a 15-year-old teen.
However, the Law Council of Australia said it would essentially “redesign” the ASIO’s warrant regime and repeal its detention powers, saying it was “very concerned” about the proposed amendments.
LSA President Pauline Wright accused the government of rushing the Bill to meet a September 7 deadline, when the ASIO’s increased counter-terrorism powers will sunset.
“The proposal to reduce the age of minors who may be subject to questioning from 16 to 14 years and the conferral of powers on police to apprehend and detain persons for the purpose of bringing them in for compulsory questioning also requires detailed scrutiny by the Law Council, amongst the many other amendments,” she said in a statement.
“The Law Council is concerned that the government is now rushing the Bill, despite having had over two years to develop the re-designed questioning legislation since the [Parliamentary Joint Committee on Intelligence and Security] tabled its report in May 2018.
“Now there is a sense of urgency given that ASIO’s current questioning powers are due to sunset in 7 September, and the amendments are set to commence by or before that date.
“This is not a Bill to be hurried through.”
The Australian Lawyers Alliance also expressed concerns, with spokesman Greg Barns telling SBS the amendments were “in no way proportionate” to current security threats.
“This is unnecessary and completely inappropriate,” he said.
Greens Senator Nick McKim accused Dutton of using the pandemic to push through this legislation.
“Under cover of a pandemic Dutton quietly tables legislation to allow kids as young as 14 to be detained by ASIO,” he tweeted.
“Australia is becoming even more of a police state and we desperately need a Charter of Rights.”
Under cover of a pandemic Dutton quietly tables legislation to allow kids as young as 14 to be detained by ASIO. Australia is becoming even more of a police state and we desperately need a Charter of Rights. pic.twitter.com/pqE1wf84Sn
— Nick McKim (@NickMcKim) May 13, 2020
Dutton said yesterday it would be mandatory that a lawyer be present during the questioning of a minor, and that a parent or guardian would be allowed to be present.
