17 August 2005
A culture of fear can lead to more restrictions on personal liberty than are necessary or appropriate, a Monash University researcher will tell a lecture tomorrow.
Monash University Law School's Associate Dean (Research) and Louis Waller Chair of Law, Professor Bernadette McSherry will discuss the controversial policies underlying preventive detention regimes and ask whether such detention can ever be justifiable.
Professor McSherry said some recent legislative regimes around the world share a common feature -- that of detaining people for who they are in order to protect the community, rather than for a crime they have committed.
"In 1992, the High Court of Australia laid down the principle that involuntary detention should only be a consequence of a finding of guilt," she said.
"However individuals with mental illnesses, drug problems, infectious diseases or severe personality disorders as well as sex offenders, 'unlawful non-citizens' and suspected terrorists have all been singled out for preventive detention without having committed any offence.
"While it appears preventive detention regimes are here to stay, it is important to place time limits on detention and enable processes for judicial review to avoid excessive restrictions on the right to freedom from arbitrary detention," Professor McSherry said.
What: Inaugural Waller Chair lecture - 'Sex, drugs and evil souls: Is preventive detention justifiable?'
When: Thursday 18 August, 6 pm
Where: Monash University Law Chambers, 472 Bourke St, Melbourne
For further information contact Ms Natasha Whalley, Media Communications, on +61 3 9905 9201 or 0437 458 457.
| 
