Division 105A (and related provisions) of the Criminal Code Act 1995 (Cth)

On 3 March 2023 the INSLM provided to the Attorney-General his review of the operation, effectiveness and implications of Div 105A of the Criminal Code Act 1995 (Cth) and other relevant provisions.

Division 105A is in Part 5.3 of the Criminal Code. 

Part 5.3 creates four kinds of orders: control orders (Div 104); preventative detention orders (Div 105); and two post-sentence orders; continuing detention orders (CDO) and extended supervision orders (ESO) (Div 105A).

Post-sentence orders under Div 105A can only be made in respect of people convicted of certain terrorist offences and who were, immediately before the order, imprisoned and serving a sentence for that conviction.

In the review, the INSLM recommends that the power to make CDO’s be abolished and that changes be made to the regime for making ESOs. The INSLM also recommends that the objects of Div 105A be amended to include, as express objects of the Division, rehabilitation and reintegration of the subjects of a post-sentence order back into the community.

In total 15 recommendations are made (chapter 1, page 11).

In addition to these recommendations, the INSLM makes observations in the event that his central recommendation that CDOs be abolished is not adopted (chapter 11, page 140).

The Report

Division 105A (and related provisions) of the Criminal Code Act 1995 (Cth)

Public Hearing

Public hearings associated with this review were held in Canberra on 22 June 2022, 23 June 2022 and 21 November 2022.

The transcripts can be viewed below.


Submissions - Division 105A of the Criminal Code