There will be a presumption against bail for people who have demonstrated support for, or have links to, terrorist activity under proposed amendments to the Bail Act 1982 (WA) introduced into the State Parliament today.
The Bail Amendment (Persons Linked To Terrorism) Bill 2018 (WA) implements the 2017 Council of Australian Governments (COAG) agreement in relation to a presumption against bail applying to persons with links to terrorism.
The amendments form part of a range of practical and legislative measures agreed by COAG to strengthen the nationally consistent approach to countering the evolving threat of terrorism in Australia.
As noted by Premier Mark McGowan:
“It is crucial that Western Australia meets its obligations in regard to the national implementation of the COAG agreement, in order to achieve the collective goal of keeping Australians safe from the threat of terrorism.
“The safety of the community must remain the paramount consideration when dealing with the threat of terrorism.
“Western Australia’s legislative framework must be equipped to deal with terrorism risk.
“A proposal is also under development for reforms to implement the COAG agreement for a presumption against parole. These amendments will be introduced in 2019.”
As noted by Attorney General John Quigley:
“Under the proposed amendments, persons with links to terrorism will be subject to a presumption against bail unless there are exceptional reasons why they should not be kept in custody.
“The presumption against bail will apply no matter what the person is charged with. It doesn’t have to be a terror-related charge for the presumption against bail to apply.
“In recognition of the seriousness of terrorism matters, the proposed laws also restrict who can grant bail and ensure that bail of persons with links to terrorism is subject to the highest scrutiny and oversight.
“The State’s bail and parole regimes must include appropriate procedures to manage terrorism risk and receive terrorism intelligence, and the State Government is working hard to achieve this.”
