Terrorism (Community Protection) Amendment Bill 2021
Ms THEOPHANOUS (Northcote): I rise to speak in support of the Terrorism (Community Protection) Amendment Bill 2021. It is an incredibly sad truth that atrocious acts of terrorism and violent extremism continue to impact communities across the globe, including right here in Victoria. Australia’s current terrorism threat is set at ‘probable’, meaning that credible intelligence assessed by our security agencies indicates that individuals or groups continue to possess the intent and capability to conduct a terrorist attack in Australia. Unlike more prevalent types of high-impact offending, the probability of violent extremist incidents is low, but the seriousness and scale of the potential impact is disproportionately severe. Not only can these acts result in tragic injury and loss of life, they can also cause immeasurable damage to community cohesion, trust and the way we value diversity. Yet while governments and law enforcement agencies have the ability to intervene where an attack is planned or about to occur, there is currently no legislative mechanism to intervene earlier, when a person is radicalising towards violent extremism. This is very serious.
We know from ASIO’s latest threat environment assessment that some individuals in our community continue to be radicalised. Indeed the rise of social media platforms and the internet has made it easier to reach into people’s homes and minds to spread messages of hate, often targeting vulnerable individuals to take advantage of any sense of disempowerment or disenfranchisement. Heartbreakingly, we know that this online radicalisation is reaching younger and younger audiences. Indeed between 2014 and 2018, eight children under the age of 18 were charged with terrorism offences. This reflects around 10 per cent of people charged with these kinds of offences. The ASIO submission to the commonwealth Parliamentary Joint Committee on Intelligence and Security also identified that children as young as 13 and 14 are increasingly exposed to and consuming terrorist propaganda and are increasingly involved in offshore terrorism.
In recent years we have seen right-wing extremism in Australia become more active and well organised, currently comprising around one-third of the nation’s counterterrorism investigative subjects. Over the past two years in particular we have seen far-right groups seek to latch on to the current global pandemic to reinforce and spread their narratives. For example, during the recent violent protests in Melbourne’s CBD, counterterrorism experts were reported as saying that far-right activists had hijacked the opportunity and were directing, planning and egging on the protesters. ASIO has also told the current commonwealth joint intelligence and security committee that far-right movements are actively taking advantage of the pandemic to boost their own recruitment. The rise of these far-right groups is a global concern but also one that we need to take very seriously in Victoria. They have sought to put forward the narrative that the pandemic is proof of the conspiracies at the core of their ideologies—ideologies that lack coherence and seek to create division and instability that fulfil their own agenda of societal collapse under the guise of freedom from oppression.
I know that most Victorians condemn these organised far-right groups for what they are—violent extremists—but there are Victorians, whether they be disenfranchised, disadvantaged or just disgruntled and looking for a way to vent their anger, who hear these messages and may become radicalised. This puts our community at risk. It puts these people at risk. This is why it is so important that at every turn those of us in this house with a voice, with a platform, with a responsibility to our communities call out and condemn extremism and violence, including that associated with COVID-19 and the anti-science movement. ASIO itself has highlighted the importance of political leaders in this regard. It is critical that we refuse to give these far-right groups a platform. This includes by condemning conspiracy theories and anti-science narratives. It means instilling confidence in the science of vaccination and uniting Victorians to follow the health advice, not flirting with far-right groups or using their narratives to capitalise on the hardships and fears of Victorians. Too often I have heard divisive and corrosive commentary from those opposite, and the member for Frankston spoke to this as well. We have a responsibility as leaders in our communities to not fuel this thinking.
This is very close to home now. It is on our streets, and it is in our suburbs. Just a few weeks ago a group of these anti-science protesters rioted through my electorate of Northcote, frightening families and children at a playground in All Nations Park and eventually barging into Northcote Plaza, where they terrified business owners and locals, causing everyone to shut their doors early and the whole area to be locked down by police. Just a little time before that we saw despicable acts of cowardice and violence directed at our nurses and healthcare workers at a CBD vaccination site, where they were spat at and harassed for doing their job. As I said, this is very close to home.
For some, heartbreakingly, extremist views have embedded in the mindset of a family member or a friend. When individuals get pulled into this world and go down this rabbit hole it can be very, very difficult to pull them back out. We know that radicalisation can be influenced by a number of factors in a person’s life which may put them at greater risk of being targeted by extremist messaging. Social isolation, mental health challenges, substance abuse, unemployment and other complex risk factors all contribute, and while our efforts to counter violent extremism have rightly focused on detecting and disrupting terrorist attacks, early intervention to prevent this radicalisation also has a central role to play in keeping our communities safe.
Existing research into violent extremism indicates that it is most effective to address the broader needs of people being radicalised or at risk of being radicalised before attempting to address their extremist views or ideologies. What this bill delivers is a framework to wrap supports around these individuals and address these underlying risk factors by establishing two early intervention pathways and helping them to disengage. The amendments implement key recommendations from the Expert Panel on Terrorism and Violent Extremism Prevention and Response Powers, which reviewed the operation and effectiveness of Victoria’s laws to prevent, investigate and respond to acts of terrorism and violent extremism. The expert panel’s report identifies gaps and barriers to early intervention. We have legislative tools to intervene and disrupt planned terrorist attacks, but how do we intervene before someone gets to that point? How do we help people who are vulnerable to extreme ideologies and support them to go down a different path? Diverting people away from radicalisation does not mean simply telling someone they are wrong and they must change or immediately resorting to criminal justice interventions. It means therapeutic interventions and case management to address the underlying factors they may be facing, like disengagement from school or work, and building up their connections with family and community.
Under this bill, as I said, there will be two pathways. The first pathway is a voluntary case management scheme implementing recommendation 4 of the expert panel’s second report. This pathway will be used where individuals consent to receive support, and it is the preferred option. The second pathway is a court-based scheme implementing recommendation 15 of the expert panel’s second report. This will allow Victoria Police to seek a support and engagement order, or SEO, where an individual will not participate voluntarily. Where an SEO is made, that individual will be required to participate in programs which address their underlying risks in accordance with an approved case management plan tailored to their needs.
Importantly, both schemes are designed to only be used when a person is, or is at risk of, being radicalised towards violence as a means of advancing political, religious or ideological causes. It will not target radical belief or thought alone. To support the creation of these new pathways, we will also establish a statutory framework for the Countering Violent Extremism Multi-agency Panel, who will be responsible for assessing and case managing individuals in both the schemes, and we will establish an information-sharing scheme to support the functions of the panel and service providers. Critically, we are also protecting Victorians against the misuse of information through the introduction of an offence for unauthorised sharing of protected information. This bill also makes amendments to the act to extend its sunset clauses and its review clauses, recognising that the bill does enable significant powers.
Terrorism and violent extremism continue to pose a very real threat to our community, and so protecting the lives of Victorians and the social cohesion of our society is one of the most fundamental responsibilities we have as a government. So this bill recognises the importance of this work and the need for early intervention to prevent that escalating radicalisation, and for those reasons I commend the bill to the house.