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Victorian review of Counter-terrorism Legislation

The Department of Justice on behalf of the Attorney-General has finalised its review of Counter-terrorism Legislation in Victoria.

The review evaluated the operation, effectiveness and implications of Victoria’s Counter-terrorism Legislation.

The Victorian review of Counter-terrorism Legislation report and Victorian Government response was tabled in Parliament on 16 September 2014. 



Terrorist incidents around the world including the attacks on the World Trade Centre and Pentagon in the United States in 2001, and the Bali bombings in 2002, led to the review of counter-terrorism measures by Australian governments.

The Commonwealth Government was referred legislative powers to provide constitutional support for terrorism offences that apply uniformly throughout Australia. Victoria enacted the Terrorism (Community Protect) Act 2003 (the Act) to cover those areas where Victoria continued to have legislative responsibility.

This Act was amended in 2006, pursuant to a Council of Australian Governments agreement to further strengthen Australia's counter-terrorism legislation, to insert Parts 2A (preventative detention orders) and 3A (special police powers).  

The Review was for the purposes of section 38(1) of the Act, which required the Minister to cause a review of the operation of the Act and bring a report of the review before each House of Parliament, no later than 31 December 2014.

A Council of Australian Governments Review of Counter-Terrorism Legislation was completed in 2013. For further information about the Council of Australian Governments and their review of counter-terrorism legislation, visit (External link)

Terms of reference
The purpose and structure of the review, as agreed by the Attorney-General, is available in the Terms of Reference.

A review committee, chaired by the Hon David Jones AM, conducted the review. The committee members have a broad range of experience, with expertise in accountability, law enforcement and prosecution.

The members of the Review Committee were:

His Honour David Jones AM

Mr David Jones was a Judge of the Victorian County Court from 1986 to 2002 and a Reserve Judge from 2002 to 2004. He is a lawyer with over forty years’ experience. He contributed to the establishment of the Victorian Office of Special Investigations Monitor (SIM) and served as Victoria’s SIM from 2004 to 2009. Mr Jones has also served as Chairman of both the Accident Compensation and the Australian Broadcasting Tribunals. Mr Jones was President of the Administrative Appeals Tribunal in 1998 - 1999. He was a member of the Adult Parole Board for 12 years and is a part time Commissioner of the Victorian Law Reform Commission.

Lieutenant-General (Ret'd) Mark Evans AO DSC 

Lieutenant General Mark Evans retired from the Australian Defence Force (ADF) in 2011. Most of General Evans’s career in the Australian Army has been spent primarily in command, operational and joint employment.  His last appointment in the ADF was as Chief of Joint Operations during which he commanded all operationally deployed ADF forces. Since retirement General Evans continues to mentor senior military officers in their preparation for operational commands. He is the current chair of the Australian Defence College Advisory Board. He is also the Chair of the Advisory Committee to the Queensland Premier regarding the Commemoration of the ANZAC Centenary. In addition he has conducted a number of reviews for Federal and State Government Departments.

Kieran Walshe APM

Kieran Walshe is a retired Deputy Commissioner with the Victoria Police, retiring in 2012 after 44 years of service. His service was primarily focused around command and control of operational and emergency management activities. Prior to retirement he was active in counter-terrorism activities representing Victoria Police at both State and National level. Additionally he attended international counter-terrorism training programs run by the Australian Federal Police and the FBI. Since his retirement has been appointed to the Adult Parole Board, together with a number of other boards for not for profit organisations. 


The Terrorism (Community Protection) Act 2003 is available on the Victorian Legislation and Parliamentary Documents website (External link)

  1. Select 'Victorian Law Today'
  2. Click either the 'Acts' or the ‘Statutory Rules' buttons
  3. Locate the Terrorism (Community Protection) Act 2003.
Public consultation
The Review Committee had planned to hold a public hearing on 29 April 2014. However, due to the lower than expected number of submissions provided and the fact that none of the submitters wished to appear at a public hearing, the commitee agreed to cancel the public hearing.
Submission process

As part of the review process, Victorians were invited to submit their views on Victoria’s counter-terrorism legislation.

The closing date for submissions was 5pm on Monday 31 March 2014.


Aboriginal & Torres Strait Islander flags

The department acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present.