Beyond the separation of powers : judicial review and the regulatory proscription of terrorist organisations

Administrative law remains the key defence against an over-zealous executive arm of government, but administrative law needs to be understood in an international context. Perhaps nowhere is this more apparent than in relation to legislation designed to counter terrorist activities. The co-ordination of terrorist activities knows no borders, and state-centered executive action designed to address the threat of terrorism necessarily operates in a broader global environment. An important but controversial part of Australia's counter-terrorism legislation suite is the power to proscribe terrorist organisations. The authors contend that the scope of judicial review available in relation to decisions of the Commonwealth executive to proscribe terrorist organisations is inadequate and may jeapordise Australia's compliance with international standards, such as those provided in the International Covenant on Civil and Political Rights. Now is an opportune time to reassess the structure and operation of the power to proscribe organisations in Australia.

The perennial problem of police gratuities : public concerns, political optics, and an accountability ethos

Despite the perennial nature of the problem of gratuities in considerations of police ethics, many prior analyses of this issue have rested on anecdotal, piecemeal or hypothetical considerations.. This paper draws on a unique sample of actual complaint cases involving gratuities, providing evidence of a range of public concerns about the problem. Gratuities are analysed and contextualised by reference to the concept of conflict of interest, which draws attention to the potential for the performance of public duty to be tainted in fact or appearance. In either case, public trust in the integrity of the police is damaged, giving rise to "political optics" as a key problem with gratuities.  The paper argues that an accountability ethos must be developed to promote active responsibility and a preparedness to prioritise the public interest in policing.

Countering Islamophobia : Muslim participation in multifaith networks

In recent years a heightened awareness of global risks has produced an unprecedented interest in global peace and security initiatives. This article discusses the impact of international crisis events on religiously diverse communities in Australia, in particular rising Islamophobia, migrantophobia and attacks on multiculturalism. Religious communities have been far from passive in their responses to the impact of these events, initiating dialogue and educational activities to dispel negative stereotypes and attitudes. In addition, state actors, including police, have prioritized engagement with religious leaders, and this has resulted in a rise of state supported multifaith peacebuilding activities. The article argues that, in response to global risks of terror and exclusion, multifaith movements and multi-actor networks, including religious leaders, state actors, educators and the media, have the potential to advance common security. In response to conflicts both local and global, these examples of cooperation between religious and non-religious actors in Australia can be instructive to other increasingly multifaith societies.

Political Islam and human security

In the wake of the September 11 and subsequent terrorist attacks, the academic and media commentaries on Islam the religion and Islam the basis for political ideology haves received an unprecedented high level of exposure and attention. The acts of political violence by extremist groups and the omnipresent war on terror have added fresh uncertainties to an already complex global order. Just as terrorism and counter-terrorism are locked in a mutually re-enforcing symbiosis, the sense of insecurity felt by Muslims and non-Muslims alike is mutually dependent and has the potential to escalate. This general assessment holds true for Muslims living in the Muslim world and beyond. The pervasive sense of being under attack physically and culturally by the United States and its allies has contributed to a growing unease among Muslims and re-enforced deep-seated mistrust of the ‘West’. Public articulation of such misgivings has in turn, lent credence to Western observers who posit an inherent antipathy between the West and the Muslim world. The subsequent policies that have emerged in this context of fear and mutual distrust have contributed to the vicious cycle of insecurity.

Supplier integrity due diligence in public procurement: limiting the criminal risk to Australia

The potential for criminals and terrorism financiers to secure lucrativegovernment contracts poses a risk to Australia’s anti-money laundering,anti-corruption and counter-terrorism financing objectives. This articlecompares the customer due diligence measures that banks are required to implement to prevent money laundering and terrorism financing with the general supplier due diligence practices and processes of key Australian government departments and agencies. It identifies various weaknesses in current procurement practices relating to standard contracts and argues that these render Australian public procurement vulnerable to criminal abuse, threaten compliance with its sanctions regime and potentially undermine the crime combating objectives of its money laundering and terrorism financinglaws. The article recommends that the national interest calls for awhole-of-government approach to improve supplier due diligence in public procurement.

Terror at home

PEN Melbourne has produced two essays that examine deep concerns around recent legislative challenges to freedom of expression in Australia. In this second essay, Dr Ben Eltham interrogates and responds to the Australian government’s recently introduced ‘anti-terror legislation’ and the ‘metadata bill’.

Informal social networks within and between organisations: on the properties of interpersonal ties and trust

Purpose

– The purpose of this paper is to explore the underlying relational properties of security networks by focusing specifically on the relationship between formal and informal ties, and interpersonal and inter-organisational trust.

Design/methodology/approach

– The research is based on 20 qualitative interviews with senior members of police and security agencies across the field of counter-terrorism in Australia.

Findings

– The findings suggest that the underlying relational properties of security networks are highly complex, making it difficult to distinguish between formal and informal ties, interpersonal and inter-organisational trust. The findings also address the importance of informal ties and interpersonal trust for the functioning of organisational security networks.

Research limitations/implications

– The research is exploratory in nature and extends to a number of organisational security networks in the field of counter-terrorism in Australia. While it is anticipated that the findings will be relevant in a variety of contexts, further research is required to advance our knowledge of the implications and properties of informal social networks within defined network boundaries.

Practical implications

– The findings suggest that the functioning of security networks is likely to be highly dependent on the underlying social relationships between network members. This has practical implications for those responsible for designing and managing security networks.

Originality/value

– The paper calls attention to a very understudied topic by focusing on the dynamics of informal ties and interpersonal trust within organisational security networks.

Cultural equality and its soft power against terrorism

This book is a collection of papers originally presented at a workshop entitled 'After Nine Eleven: Ethics in the Time of Terror' hosted by Monash University on 24 June 2005. The workshop participants included members of the Ethics of War and Peace (EWAP) working group which was inaugurated at the first Oceanic Conference on International Studies in July 2004. EWAP provides a cross-disciplinary forum for scholars and non-academic professionals to exchange and debate ideas on topics including the ethics of armed intervention, the Just War, pacifist ethics, international humanitarian law, ethics in the military profession, and the relationship between law, ethics and politics.

The chapters within this book examine themes including 'lesser evils' and 'dirty hands' in the fight against terrorism, the ethics of intelligence gathering, humanitarian intervention, terrorism and the North-South divide, cultural equality as a response to terrorism, human rights and counterterrorism legislation, and the ethics of defending against 'bioterrorism'. 

Contributors include Alex Bellamy and Richard Devetak (University of Queensland), Baogang He (Deakin University), Christopher Michaelsen (Office for Democratic Institutions and Human Rights, Organization for Security and Co-operation in Europe), Jeremy Moses (University of Canterbury), Christian Enemark and Hugh Smith (University of New South Wales, Australian Defence Force Academy).

Balancing the risk of injury to gymnasts : how effective are the counter measures?

Background—To minimise injury risk and maximise gymnastics performance, coaches, parents, and health professionals working with young gymnasts need to understand and practise safe gymnastics.

Aims—To (a) identify the various injury counter measures specific to gymnastics, (b) critically review the literature describing each injury prevention measure, and (c) assess, using available risk factor and injury data, the weight of evidence to support each of these counter measures. Specific recommendations for further research and implementation strategies to prevent injury and improve safety are also given.

Methods—The relevant literature was identified through the use of Medline (1966 to May 1998) and SPORT Discus (1975 to May 1998) searches, hand searching of journals and reference lists, and discussions with key Australian gymnastics organisations.

Results—The key gymnastics injury counter measures identified in this review include coaching (physical preparation, education, spotting, and performance technique), equipment, and the health support system (medical screening, treatment, and rehabilitation). Categorisation of the type of evidence for the effectiveness of each of these counter measures in preventing injury showed that most of it is based on informal opinion/anecdotal evidence, uncontrolled data based studies, and several prospective epidemiological studies. There is no evidence from formally controlled trials or specific evaluation studies of counter measures for gymnastics.

Conclusions—Although gymnastics is a sport associated with young participants and frequent high volume, high impact training, there is a paucity of information on injury risk factors and the effectiveness of injury practices. Further controlled trials are needed to examine the extent to which injury prevention counter measures can prevent or reduce the occurrence of injury and re-injury. Particular attention should be devoted to improving training facilities, the design and testing of apparatus and personal equipment used by gymnasts, and coaching and the role of spotting in preventing injury.