TERRORISM (PREVENTATIVE DETENTION) (SUPREME COURT) RULES 2006
The Terrorism
(Preventative Detention) (Supreme Court) Rules 2006, dated 7 July 2006, came
into operation on 27 July 2006 (South Australian Government Gazette, 27
July 2006, p.2426).
1. Short
Title
These Rules may be cited as the “Terrorism (Preventative Detention)
(Supreme Court) Rules 2006.
2. Interpretation
In
these rules –
Act
means the Terrorism (Preventative Detention) Act 2005;
issuing
authority means
an issuing authority as defined in s 4 of the Act;
Preventative Detention Order means such an order made
pursuant to Part 2 of the Act.
3. Review
pursuant to s 17 of the Act
A review pursuant to s 17 of the Act of a preventative
detention order shall be conducted in accordance with these rules.
4. Request
for review
(a) Before
bringing the subject before the Court for the purpose of such review, the
police officer detaining the subject shall make a request in writing addressed
to the Chief Justice, to which is to be annexed the originals of all the
documents and other materials which were before the issuing authority,
including the order for preventative detention.
(b) The
request shall state where the subject is being detained, and whether the police
officer seeks any and if so what order or orders under s 18 of the Act.
5. Delivery
of the request
The request and accompanying documents shall be
delivered to the Chief Justice or if he is not available, the most senior judge
available in a sealed envelope marked “Strictly Confidential. Application under the Terrorism
(Preventative Detention) Act 2005. Not
to be opened other than by Justice ……….”.
6. Appointment
for hearing of review
The Chief Justice or other judge dealing with the
matter may direct when, where and before whom the application is to be heard.
7. Conduct
of hearing of review
The
hearing of the review
(a) will be strictly in camera;
(b) will be recorded in transcript; and
(c) shall
otherwise be conducted in accordance with such directions as may be given by
the Chief Justice or such other judge of the Court dealing with the matter,
including a direction excluding any member of the public from the hearing of
the review. Such directions may include
a direction that the review proceedings be conducted by audio visual link or
audio link pursuant to s 17(2) of the Act.
8. Confidentiality
On the conclusion of any such review, all papers or
other records associated with the same
(a) shall be placed
in the custody of the Registrar who shall keep them in a secure place, where no
other person shall have access to them other than in accordance with an order
of a Judge;
(b) shall
otherwise be dealt with in accordance with such directions as may be given by
the Court to ensure that they remain confidential to the parties to the review.