Canadian Policing Research Catalogue

Safeguarding national security and fairness in non-disclosure decisions of sensitive information in Australia / Johannes Krebs and Professor Simon Bronitt.

This page has been archived on the Web

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Location

Canadian Policing Research

Resource

e-Books

Authors

Publishers

Bibliography

Includes bibliographical references.

Description

1 online resource (24 pages)

Note

"Submission to the Independent National Security Legislation Monitor (INSLM) September 2013"--Title page.
Author(s) affiliated with: Griffith University, Australian National University, The University of Queensland Australia, Charles Sturt University.

Summary

"This submission comprises four parts. Part one identifies the issues under current NSI Act and, more generally, the doctrine of PII. Part two emphasises the political challenges that judges faces in dealing with sensitive information in legal proceedings, as well as the principles of fairness that must be considered. Part three sets out the key questions that need to be addressed when making non-disclosure decisions. Part four identifies and discusses important safeguards that should be considered in any reform of the current legislation. This submission has been written with a focus on criminal procedures. However, the same considerations apply to civil proceedings, many of which in this field will have coercive effects impacting negatively on the rights and liberties of a person. Given of what is at stake, it is submitted that the both types of proceedings – civil and criminal - must observe equivalent standards of fairness."--Page 6.

Subject

Online Access

Date modified: