‘We’ve got to protect open justice’

There is an inherent open justice and transparency on one hand and national security on the other. At present, the Human Rights Law Centre argues, Australia is not striking the right balance between the two — which risks undermining our democratic processes.

In this episode of The Lawyers Weekly Show, host Jerome Doraisamy welcomes back Human Rights Law Centre senior lawyer Kieran Pender to discuss HRLC’s recent submission to the Independent National Security Legislation Monitor (titled Open Justice, Closed Courts), why open justice is so pertinent to a functioning democracy, the current legislative provisions that need consideration, and the consequences of having certain proceedings shrouded in secrecy, such as in the cases of Bernard Collaery and Witness K.

Mr Pender also discusses the constitutional implications arising from the current legislation, striking the right balance between transparency and national security, how worried lawyers should be about the integrity of our justice system, the state of affairs with recent cases and what is happening next with those proceedings, and when the National Security Legislation Monitor will hold hearings into these matters.

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