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Review of the prosecution and sentencing of children for Commonwealth terrorist offences

The Law Council is pleased to participate in the Independent National Security Legislation Monitor’s (INSLM) review of the prosecution and sentencing of children for Commonwealth terrorist offences (the Review), including:

The Law Council welcomes the Review as consistent with its recommendation to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017.

This submission seeks to provide the Law Council’s views in relation to a number of questions that the INSLM has raised with the Department of Home Affairs, the AttorneyGeneral’s Department, the Australian Federal Police and the Australian Security Intelligence Organisation (the Australian Government agencies) to assist the INSLM’s review.

It also supplements these views where required on other matters relevant to the Review. The Law Council is grateful for the opportunity to consider the Australian Government agencies’ submissions and the INSLM’s Background Papers in preparation of this submission.

The key recommendations of this submission include:

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