Countering Home-Grown Terrorists in Australia: An Overview of Legislation, Policy and Actors Since 2001

This article explores the impact of counter-terrorism legislation and policy in Australia. In particular it explores how legislation facilitated prosecution and conviction of persons involved in home-grown terrorism, including analysis of investigation and prosecution policy surrounding the ul-Haque and Haneef cases. Particular attention is given to the terrorism trials involving Benbrika & Ors and Elomar & Ors. What makes these trials intriguing is the fact that most of those convicted could be more easily described as more vulnerable than menacing. Sentencing of those convicted was cognate with no policies for rehabilitation. The small number of convictions under the legislation when considered against the increased funding of counter-terrorism, loss of traditional rights and privileges and Australia’s involvement in Afghanistan and Iraq raises issues about adequate policy setting in this area.