REPORT 2 EXPERT PANEL ON TERRORISM AND VIOLENT EXTREMISM PREVENTION AND RESPONSE POWERS Expert Panel on Terrorism and Violent Extremism Prevention and Response Powers Report 2, 2017 CONTENT COORDINATION Editorial services by Project Team, supporting the Expert Panel Design by Claire Ho Design ACCESSIBILITY If you would like to receive this publication in an accessible format, such as large print or audio, please contact the Department of Premier and Cabinet on 9651 5111. Information in this document is available on: https://www.vic.gov.au/safeguarding-victorians-against-terrorism.html ISBN 978-1-925551-70-9 (pdf/online) Authorised and published by the Victorian Government 1 Treasury Place, East Melbourne 3002 © State of Victoria (Department of Premier and Cabinet) 2017 This work is licensed under a Creative Commons Attribution 4.0 licence http://creativecommons.org/licenses/by/4.0. You are free to re-use the work under that licence, on the condition that you credit the State of Victoria (Department of Premier and Cabinet) as author, indicate if changes were made and comply with the other licence terms. The licence does not apply to any branding, including Government logos. DISCLAIMER This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication. EXPERT PANEL ON TERRORISM AND VIOLENT EXTREMISM PREVENTION AND RESPONSE POWERS REPORT 2 CONTENTS Executive Summary 4 Recommendations 10 Chapter 1 Countering violent extremism 16 1.1 Background 18 1.2 Issues 38 1.3 Discussion 38 Chapter 2 Programs to disengage persons radicalising towards violent extremism 46 2.1 Background 47 2.2 Issues 50 2.3 Discussion 51 Chapter 3 Legislative definition of a ‘terrorist act’ 56 3.1 Background 56 3.2 Issues 60 3.3 Discussion 63 3.4 Next steps – a national approach is preferable 73 Chapter 4 Support and engagement order 74 4.1 Background 75 4.2 Issues 77 4.3 Discussion 78 Chapter 5 Possession of ‘terrorism related material’ offence 87 5.1 Background 87 5.2 Issues 88 5.3 Discussion 90 Chapter 6 Preventative detention of minors under a modified preventative detention scheme 97 6.1 Background and issues 98 6.2 Discussion 99 Chapter 7 Post-sentence supervision of high risk terrorist offenders 110 7.1 Background 110 7.2 Issues 114 7.3 Discussion 114 Appendix Consultation List 120 PAGE 3 EXPERT PANEL ON TERRORISM AND VIOLENT EXTREMISM PREVENTION AND RESPONSE POWERS REPORT 2 EXECUTIVE SUMMARY The Expert Panel’s Terms of Reference were developed in response to the siege and hostage incident in Brighton, Melbourne, on 5 June 2017. The Terms of Reference direct the Panel (consisting of Ken Lay AO APM and the Hon David Harper AM QC) to examine the effectiveness of Victoria’s counter- terrorism legislation, and recommend improvements to assist relevant agencies manage the risks posed by violent extremism. The Brighton incident highlighted the opportunity for more to be done to counter the threat of, and meet the challenges posed by, violent extremism. The Brighton incident is also the subject of two other reviews, namely the Victorian Coroner’s Inquest into the death of Yacqub Khayre and the Justice Assurance and Review Office’s review of Corrections Victoria’s management of Khayre (JARO Review).1 Each of these reviews has a forensic focus in relation to the circumstances leading up to, and at the time of the incident, whereas the work of the Expert Panel focuses on the opportunities at all stages of the system to strengthen the management of the threat of violent extremism in Victoria. The Panel has taken the JARO Review into account in formulating its recommendations, but does not comment on the specifics of that review of the Brighton incident so as not to prejudice the coronial inquest, which is currently underway. The Panel also acknowledges the importance of achieving a nationally consistent approach to countering the threats posed by violent extremism and terrorism — an objective affirmed by the Council of Australian Governments (COAG) at its special meeting on counter-terrorism on 5 October 2017. Report 1 primarily focused on Victoria Police’s powers in relation to counter- terrorism and the presumption against bail and parole. More generally, Report 1 assessed the tools required to counter the risk posed by violent extremists, including persons who are planning or preparing to carry out a terrorist act, individuals who have committed a terrorist act, or other offenders who pose a risk of committing a terrorism offence while on parole or bail. Building on Report 1’s findings and recommendations, Report 2 extends its focus to include the full spectrum of policies and programs to counter the risk of terrorism — that is, policies and programs aimed at preventing or intervening early in relation to emerging risks, or responding rapidly to risks after they have eventuated. It is the Panel’s view that these are key aspects of ensuring the safety of the community from the threat of violent extremism. In this context, the Panel notes that Report 2 adopts the accepted terminology and language of ‘countering violent extremism’ (CVE), and uses the terms ‘violent extremism’ and ‘terrorism’ generally interchangeably. 1 The Justice Assurance and Review Office is a business unit within the Victorian Department of Justice and Regulation. PAGE 4 EXPERT PANEL ON TERRORISM AND VIOLENT EXTREMISM PREVENTION AND RESPONSE POWERS REPORT 2 The CVE policy spectrum is illustrated in Figure 1, which provides an overview of the key measures recommended in Reports 1 and 2. These measures apply across a broad range of risks, as depicted by the three main sections of Figure 1: _ The green column on the left depicts prevention programs that have a community-wide focus. In this space, CVE programs are designed to build protective factors in communities to address the risk of violent extremism. _ The orange column to its right signals a shift to interventions directed towards individuals showing early signs of radicalisation towards violent extremism. Generally, these are lower level, emergent risks that can often be managed by addressing the underlying drivers of concerning behaviour (such as unemployment, drug and alcohol issues, and social isolation). _ The red section to the far right is reserved for the management of risks of immediate concern, including those considered in Report 1. The interventions highlighted in this section are geared towards individuals who have radicalised to violent extremism, having passed the points of prevention and early intervention strategies. 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