Booth v Brookman (No 3)

In Booth v Brookman (No 3) [2022] FCA 988, the court was tasked with confirming an interim control order imposed on the respondent, Brookman, under the Criminal Code. The application was brought by Booth, acting on behalf of the Commonwealth, seeking confirmation of the interim control order that was initially made on 6 July 2021 and subsequently varied on 24 January 2022. Brookman did not oppose the confirmation of the order. The primary legal issue before the court was whether the statutory preconditions for confirming the control order were satisfied, as outlined in section 104.14 of the Criminal Code.

The court found that the statutory preconditions for confirming the control order were indeed satisfied. It determined that Brookman had been convicted in Australia of an offence relating to terrorism, and had provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country. Furthermore, the court was satisfied that each of the obligations, prohibitions, and restrictions to be imposed on Brookman by the control order were reasonably necessary and appropriate for protecting the public from a terrorist act, preventing the provision of support for or the facilitation of a terrorist act, and preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.

Consequently, the court confirmed the interim control order made in relation to Brookman, effective until and including 5 July 2022. The control order includes requirements such as Brookman wearing a tracking device at all times, adhering to a curfew, and restrictions on his travel, communication, and possession of certain items. Additionally, the court imposed strict conditions on Brookman's use of mobile phones, computers, and the internet, and mandated participation in counselling or education relating to his psychological and physical wellbeing. The orders also include provisions for the non-disclosure of certain information, such as Brookman's address, and the protection of specific proceedings from public disclosure.