Senate debates

Wednesday, 9 November 2016

Bills

Counter-Terrorism Legislation Amendment Bill (No. 1) 2016; In Committee

10:35 am

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

You have raised the issue of relationship with family. We have largely been talking about education. I should direct your attention to what, in the amended act, would be 104.4(2A)(c). It requires that the court must take into account the 'best interests of the person', and also take into account:

… the benefit to the person of having a meaningful relationship with his or her family and friends …

Once again, that is something that is not a matter of discretion for the court; it must direct its mind to that issue. But you are right to say there is no prohibition against a control order severing that relationship. Let us say it was an uncle who was the source of the radicalisation, or the inspiration to violence; it may be entirely appropriate and, indeed, necessary for a control order to have that effect.

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