ABSTRACT

Australia and the UK have adopted different approaches to amending their hybrid sanctions regimes to deal with the threat posed by foreign terrorist fighters. This chapter outlines the original regimes and charts the amendments which have been introduced in Australia and the UK since 2014, before evaluating their effectiveness as a response to the foreign terrorist fighters phenomenon. It discusses the introduction of closed material proceedings like those in the UK in control order proceedings and the establishment of a system of special advocates. Control orders and Terrorism Prevention and Investigation Measures (TPIMs) were introduced in Australia and the UK well in advance of the Syrian and Iraqi conflicts. Amendments made to the control order regime were predicated on the Australian Government's assertion that 'Australia faces a serious and ongoing terrorist threat', both from the 'escalating terrorist situation in Iraq and Syria' and the 'risk posed by returning foreign fighters'.