Australians subjected to "control orders" on terrorism grounds – which can restrict their movements and communications – could be denied access to some of the evidence against them for security reasons, under changes proposed by the Turnbull government.
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Attorney-General George Brandis flagged on Tuesday a fifth tranche of major counter-terrorism laws. The laws to be introduced in the next fortnight would mean children as young as 14 could be subjected to control orders – down from the current age limit of 16 – and authorities would be able to monitor subjects more closely to ensure they were complying with the orders, Senator Brandis said.
The laws would also create a new offence against "incitement of genocide".
Senator Brandis told Parliament that the new legislation would "provide greater protection to sensitive information in control order proceedings".
Meanwhile, NSW could go it alone in extending the period terrorism suspects are held without charge to up to 28 days after Senator Brandis effectively rejected a push by Premier Mike Baird for such a change.
Senator Brandis told ABC radio the extension from the current eight days could breach the Commonwealth constitution but suggested there was nothing to stop NSW changing state laws.
A spokesman for Mr Baird responded by saying that "if nationally consistent measures are not implemented, NSW will consider changing its own legislation to ensure that our law enforcement agencies have the tools they need to respond to terrorism threats".
Under control orders, which have been used six times since they were introduced in 2005 – four of those times in the past year – people can be forced to wear tracking devices, observe curfews and have their movements and communications restricted.
They must be sought by a senior Australian Federal Police officer – with the consent of the Attorney-General – by an application to a court.
Fairfax Media understands that under the changes, the AFP could ask the judge to withhold some evidence from the subject of the order if it is deemed highly sensitive.
This could include information that exposes police methods, reveals sources or comes from foreign governments who would be deterred from sharing intelligence with Australian authorities in future if their methods risked exposure.
The final decision would rest with the judge.
Police have long expressed concern that they may increasingly be unable to present certain evidence in control order hearings because they cannot risk it becoming known to potential terrorist networks.
The new laws come in the wake of the Parramatta shooting, in which 15-year-old Farhad Jabar shot dead police accountant Curtis Cheng, but have been in the works for several months.
Senator Brandis said the use of control orders against teens would be "subject to appropriate safeguards".
It is understood this includes the appointment of independent advocates who would represent the best interests of the child, similar to a system that currently exists in the Family Court.
Labor leader Bill Shorten said the Opposition would continue to work with the government on terrorism but would not promise any blank cheques.
"Whilst on one hand it sounds draconian to have control orders on 14-year-olds, I also get that the police are trying to work through the issues," he said.
Senator Brandis told ABC radio that he was comfortable with the idea of control orders being imposed on children as young as 14.
Police and security agencies have spoken repeatedly in the past six months about the dramatic downward trend in the ages of Australians suspected of or associated with terrorism activity.
