1. At the hearing before the Senate Legal and Constitutional Affairs Committee on 26 July
2023, we took questions on notice from Senator Scarr in relation to two topics:
(1) The directions on consent that are given in Victoria; and
(2) The submission of Professor Quilter and Dr McNamara, and examples of
cross-examination.

2. These issues will be considered in turn. Where possible this document provides
hyperlinks to relevant statutory provisions and other material.

This is a joint submission with NSW Council for Civil Liberties.

Liberty Victoria and NSW Council for Civil Liberties acknowledge the importance of protecting the community from acts of terrorism. Terrorism and the threat of terrorism violate the rights to life and security of innocent people. Terrorism is regarded as a crime apart from others as it threatens the very fabric of liberal democracy by utilising violence and fear to further, often fundamentally illiberal, political, religious or ideological goals.

Liberty Victoria is grateful for the opportunity to make this submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) review of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 (Cth) (the Bill).

It is often said by those who oppose a federal Human Rights Act that there is no need for one. They argue that the human rights of Australians are more than adequately protected by the common law and statute. Anyone remaining of that view will be hard pressed to retain it should they read the comprehensive report on the subject prepared by the Australian Law Reform Commission (ALRC) entitled ‘Traditional Rights and Freedoms: Encroachments by Commonwealth Law’ (December 2015).