International Journal of Cultic Studies Vol. 9, 2018 37
extensions of 48 hours. Prohibited contact orders
may also be made to “prevent the detainee from
contacting a family member, parent or lawyer”
(to avoid the potential for alerting the
perpetrators of plots) (Rose &Nesterovska,
2007, pp. 41–43).
Control Orders
Control orders allow people of concern to
remain in the community these orders may be
granted upon application by a member of the
Australian Federal Police if a court is satisfied
on the balance of probabilities that “the order
would substantially assist in preventing a
terrorist act” (Rose &Nesterovska, 2007, p. 45).
An order can
impose prohibitions, restrictions and
other requirements upon a person’s
activities. The terms may include
restrictions and prohibitions on
movement, leaving Australia,
associating with certain individuals,
using certain forms of technology, and
possessing or using certain articles.
They may also include requirements to
wear tracking devices, report to
specified persons at specified times and
places, be photographed and
fingerprinted and participate in
counselling or other services. (Rose &
Nesterovska, 2007, p. 44)
Contravention can lead to 5 years’ maximum
imprisonment. Preventative and control orders
were initially restricted to people aged 16 and
over, but this age limitation has now been
lowered to 14.
Extended Prison Sentences and Age
Reduction for Continued Detention
Building upon the control-order framework and
state precedents for the continuing detention of
particularly dangerous sex and violence
offenders, the Commonwealth has now passed
legislation to provide for the continuing
detention of prisoners who pose the risk of
committing terrorist or treasonous offenses if
they were to be released. Each prisoner must
attend a preliminary hearing, where a report is to
be provided by relevant experts on the prisoner’s
involvement in any rehabilitation programs
(Criminal Code Amendment, 2016), although it
is thought that there is “currently no reliable way
to predict whether a terrorist still posed a threat”
(Wroe, 2016, p. 7.86).
Additional legislation has also been introduced
to reduce the age at which a person who is a
security concern can have a control order placed
upon them, from 16 to 14 years of age [Counter-
Terrorism Legislation Amendment Act (No. 1),
2016]. It is reported that there are 14 jailed
prisoners who pose a potential postsentence
security risk, and a further 180 suspected
terrorists are under investigation by the
Australian Federal Police (Benson, 2016).
Education, Community Engagement, and
Subject-Diversion Programs
In addition to these legislative responses,
governments are actively pursuing counter
violent-extremism programs that can be divided
into two main streams: those focused on
education and community outreach, and those
focused on diverting individuals away from
extreme ideologies that promote violence.
Education and community-engagement
programs are an effort to co-opt the entire
community, but (fairly obviously) members of
the Islamic community in particular, to provide
timely intelligence to law-enforcement agencies
about potential terrorist activities by targeting
what is termed violent extremism. This is
defined as occurring when
a person or group decides that fear,
terror and violence are justified to
achieve ideological, political or social
change, and acts accordingly.” Violent
extremism is an extension of
radicalization from a relatively benign
expression of a viewpoint to the use of
violence to achieve a particular goal.
(Angus, 2015, p. 2)
427F
10
10 The source of the citation in Angus is the Government of
Australia, Living Safe Together: Preventing Violent Extremism and
Radicalisation in Australia, 2015, p. 10 (available online at
https://www.livingsafetogether.gov.au/informationadvice/Docume
nts/preventing-violent-extremism-and-radicalisation-in-
australia.pdf).
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