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On 18 August 2006 the Victorian Court of Appeal quashed the conviction of Joseph Thomas or “Jihid” Jack Thomas, who was the first person jailed under the Howard Government’s terrorism laws. The court held that the use of the police interviews with Thomas were inadmissible. Two weeks later, the Federal Government used its new powers to combat terrorism by applying for a control order against Thomas. An interim control order was made by the Federal Magistrates Court. Control orders have no precedent in Australia.
The power to make control orders comes from the Criminal Code Act 1995 (Cth) – sections 100.1, 104.2-104-5 (see Schedule of Criminal Code Act). Control orders provide the government with a second chance to deprive someone of their liberty even after they have been acquitted in a fair trial or had any convictions quashed on appeal.
In August 2007, the High Court upheld the constitutional validity of control orders made under terrorism legislation in Thomas v Mowbray.
1. Newspaper articles on Proquest ANZ Newsstand, available remotely to registered clients of the State Library of NSW. Type in
2. What Price Security? Taking Stock of Australia’s Anti-Terror Laws by Andrew Lynch & George Williams, UNSW Press, October 2006 (Available at the State Library.)
3. A human rights guide to Australia's counter terrorism laws, Australian Human Rights Commission
4. Terrorism and War Archive produced by the Gilbert & Tobin Centre of Public Law provides excellent links to newspaper and magazine articles on this case and on terrorism in general.
This guide has been developed by staff of the Legal Information Access Centre (LIAC), State Library of NSW. The State Library holds an extensive collection of case law, legislation and looseleaf publications.
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