Australian Legal Responses to National Security and Counter Terrorism

National Security Law is a rapidly evolving field of concern for Government, security agencies, civil rights monitors, and the Australian public. As both the nature of threats (represented by, for example, the 11 September 2001 attacks in the US, or the rise of cyber security as a major national security concern) and the concept of ‘security’ (such as biosecurity) have evolved, legal responses have similarly evolved. As new incidents occur or challenges arise, it is often the case that legislative change is one of, if not the, preferred initial response. These changes have been broadly cast - ranging from expanded or refined operating powers and processes for national security agencies, through to the creation of new offences within the widening penumbra of criminalised conduct that surrounds demonstrably terrorist activity. This course offers a broad brush across a number of issues concerning national security law. The course will commence with a series of building blocks (heads of power, conceptions of security, historical background). This will then allow more detailed exploration of a series of institutional issues (such as the legislative arrangements for important national security institutions, and the ‘security law’ making and monitoring process), practical issues (such as use of force, and use of classified information in prosecutions), and thematic issues (such as the national security – civil rights balancing debate). To develop their knowledge and skills, students will engage with pre-class readings and podcasts followed by interactive seminars involving presentations and panels with guest speakers, active and collaborative learning activities and discussions.