PREMIER Steve Bracks has indicated he is likely to water down his tough new anti-terrorism legislation amid a community outcry that the laws go too far — especially on strip-searching children.
His comments came as law bodies told a committee yesterday that the legislation unduly trespassed on fundamental rights and freedoms.
Mr Bracks said he was prepared to change part of the legislation that related to strip-searching children as young as 10 by police officers of the opposite sex and without their parent's knowledge. Mr Bracks said it would be clear in the legislation that it would only be conducted under extreme circumstances.
"(The powers) would be used when there was an imminent terrorist attack happening on our soil, so it can't be anything more dramatic than that," he said. "Some debate is coming now, that's good, and we will account for that debate and if there needs to be some fine-tuning we will do it."
The Bracks Government has copied NSW legislation that says strip-searches of children aged 10 to 18 would not be conducted by a police officer of the opposite sex or without parental knowledge "unless it is not reasonably practicable in the circumstances".
Acting Attorney-General John Lenders said the Government would be flexible in responding to concerns.
"Clearly there are discretionary issues between (strip-searching) someone who's 10 and someone who is 17 years and 364 days, but again we will take this on board," he said.
He said the Government would look at whether the laws were in line with what was agreed between state and federal governments, "is it the most appropriate response and what are the protections and mechanisms in there".
Opposition attorney-general spokesman Andrew McIntosh said Mr Bracks had introduced "shonky legislation" into the Parliament that was not consistent with the Commonwealth legislation or what was agreed to by the premiers at the Council Of Australian Governments meeting that thrashed out terrorism issues.
The Law Institute of Victoria told the parliamentary Scrutiny of Acts and Regulations Committee that the powers "go beyond what is required to prevent or protect the community from a terrorist attack".
Victoria Legal Aid said the bill was a "disproportionate response to the threat of terrorism in Victoria". The Victorian Bar Council argued it was not right to detain a person who had not been charged with a crime.
The legislation will be debated when Parliament resumes next week.
The idiots are finally realising just how stupid parts of the bill are.
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