Double Punishment? Preventative Detention Schemes under Australian Legislation and their Consistency with International Law: The Fardon Communication

Abstract

This commentary critically analyses legislation enacted by the Queensland Parliament that reincarcerates sex offenders who have already completed their terms of imprisonment. Despite the fact that the constitutional validity of this new style of 'preventive detention' was upheld by the High Court of Australia, important questions remain regarding the international legal validity of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). In particular, a recently commenced UN Communication by prisoner Robert Fardon argues that the Queensland Act inflicts double punishment contrary to art 14(7} of the International Covenant on Civil and Political Rights. This commentary considers the issues raised by this communication.