President of NSWCCL, Stephen Blanks discusses the amended Terrorism (Police Powers) Act with FBi Radio and provides the following comments:
"Well, what the legislation enables is the Commissioner, or if he's not available, the Assistant Police Commissioner to declare an event to be a terrorist event or a likely terrorist event. So it doesn't actually have to be a terrorist event, just likely -- and in that situation police are authorised to use lethal force to bring the event to an end, regardless. And what that means in practice is that they can sue lethal force even if there is no imminent threat of danger to life or serious injury."
"The recommendation came out of the Coroner's report and the problem that the Coroner identified was that the police were confused about the extent of the power they had. and instead of treating it as a situation where the police lawyers needed better training or police needed access to better legal advice, the recommendation was to change the law to enable the police to use lethal force in circumstances where the seriousness of the event might not justify it. What we've ended up with is very unsatisfactory and that it got rushed through Parliament in just a day."
"Effectively the religious or political motivation, or imputed political or religious motivation, of the event is going to be the criteria for using lethal force. Now that is just entirely inappropriate. You can just see the way in which if this power is used without a great deal of care, it is going to cause significant community opposition if somebody gets killed."
"The unintended consequences are that somebody could be killed by police where there has been no imminent threat to life or serious injury, and the use of lethal force, objectively is unnecessary, in order to resolve the situation. I'm not sure that's an unintended consequence, that might actually be the intended consequence or there's no other reason for bringing in the legislation. That is what it's going to enable, and then the police will be legally unaccountable for their actions."
Hear the entire Radio Show: NSW Police Powers, The Vatican and Sydney Fire Safety
Source: FBi Radio