National Numeracy Review

The deputy Prime Minister announced the National Numeracy Review on 12 July 2008.

Key documents informing the review including Terms of Reference, Background Paper, Discussion Paper, Invitational Forum Summary and Submissions from organisations can be accessed on the Department of Education Employment and Workplace Relations website.

COAG National Action Plan on Mental Health – Progress Report 2006-07

This is the first in the series of annual reports for monitoring implementation of the COAG National Action Plan on Mental Health (2006 - 2011). Prepared under the auspice of Australia’s Health Ministers, it describes the progress made in 2006-07, the commencement year of the Action Plan. National Action Plan for Mental Health 2006-2011 - Progress Report 2006-07.

Implementation of the Report on the Regulation and Control of Biological Agents

Information about the progress of implementing the recommendations of the Report is available on the Department of Health and Ageing’s website.

Council of Australian Governments' Special Meeting on Counter-Terrorism
27 September 2005

Attachment

Control Orders

In relation to control orders COAG noted:
  • the Australian Federal Police (AFP) must have reasonable grounds that issuing the control order would substantially assist in preventing a terrorist act or that a person has trained with a listed terrorist organisation before applying for a control order;
  • the Attorney-General must consent to the application being made;
  • if the Attorney-General consents, the AFP may apply to a court for the issue of a control order;
  • the court must be satisfied on the balance of probabilities that issuing the control order would substantially assist in preventing a terrorist act or that a person has trained with a listed terrorist organisation;
  • the court must also be satisfied on the balance of probabilities that each of the controls in the order is reasonably necessary, and reasonably appropriate and adapted for the purpose of protecting the public from a terrorist act;
  • there is no provision for a person to be given advance notice of a control order in case a person tips off associates who are involved in terrorism. This would potentially undermine the purpose of the orders;
  • however, once a court has issued a control order it must be given to a person immediately by the AFP officer who requested the order. The officer must ensure that the person understands the order;
  • the control order does not come into effect until the person, the subject of the order, is notified;
  • once notified, the person can immediately apply for revocation of the order. The person's lawyer is also able to obtain a copy of the order. The same court that issued the control order can revoke it;
  • in addition normal judicial review processes would apply to decisions to issue or revoke control orders;
  • control orders would not apply to people under 16 and would apply in a modified way to people between 16 and 18; and
  • each year, the Attorney-General would report to Parliament on the operation control orders.

Preventative Detention

In relation to preventative detention orders COAG noted:

  • the AFP must have reasonable grounds that making the order would substantially assist in preventing a terrorist attack or, where a terrorist act has occurred, preserve evidence;
  • an AFP officer could issue an order for an initial 24 hours; that period could be extended by an issuing authority for a further 24 hours only; the total detention period allowable would be a maximum of 48 hours; an issuing authority would be a Magistrate or Judge who agrees to act as an issuing authority in their personal capacity;
  • a person detained could not be questioned except to confirm their identity;
  • any preventative detention order, as well as the treatment of the person detained, would be subject to judicial review;
  • any preventative detention order, as well as the treatment of the person detained, could be subject to investigation by the Commonwealth Ombudsman;
  • a person detained would be given an opportunity to contact a lawyer for these purposes as well as being entitled to contact a family member and employer solely for the purpose of letting them know they are safe but are not able to be contacted for the time being;
  • in some circumstances, the right to contact a lawyer or other person could be limited - for example, if there are facts or grounds to suggest that the lawyer or other person is linked to the terrorist act; the contact with a lawyer or other person would be monitored to ensure that the communication relates solely to the purposes permitted under the legislation;
  • where the person is unable to contact their nominated lawyer for security reasons, access to a security cleared lawyer would be offered to them;
  • preventative detention would not apply to people under 16; special rules would apply for people between the ages of 16 and 18 and people incapable of managing their own affairs;
  • consistent with Australia's international human rights obligations, any person being preventatively detained must be treated with humanity and respect for human dignity and must not be subjected to cruel, inhuman or degrading treatment. Any official who fails to treat a detained person in accordance with these obligations is subject to an offence punishable by two years' imprisonment; and
  • each year, the Attorney-General would report to Parliament on the operation of preventative detention orders.

 

Return to COAG Communiqué - 27 September 2005

Last Updated: 1 September, 2008