Jun 30, 2023
There is an inherent open justice and
transparency on one hand and national security on the other. At
present, the Human Rights Law Centre argues, Australia is not
striking the right balance between the two — which risks
undermining our democratic processes.
In this episode of The Lawyers Weekly Show, host Jerome Doraisamy
welcomes back Human Rights Law Centre senior lawyer Kieran Pender
to discuss HRLC’s recent submission to the Independent National
Security Legislation Monitor (titled Open Justice, Closed
Courts), why open justice is so pertinent to a functioning
democracy, the current legislative provisions that need
consideration, and the consequences of having certain proceedings
shrouded in secrecy, such as in the cases of Bernard Collaery and
Witness K.
Mr Pender also discusses the constitutional implications arising
from the current legislation, striking the right balance between
transparency and national security, how worried lawyers should be
about the integrity of our justice system, the state of affairs
with recent cases and what is happening next with those
proceedings, and when the National Security Legislation
Monitor will hold hearings into these matters.
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