Abstract
ABSTRACT Australia’s legislative response to the threat of terrorism has been characterised as ‘hyper legislation' [Roach, K. (2011). The 9/11 effect: Comparative counter-terrorism (p. 309). Cambridge University Press)]. New South Wales’ Terrorism (High Risk Offenders) Act 2017 NSW (THRO Act) is one part of this response. This paper seeks to provide a descriptive analysis of the THRO Act’s operation in practice. To do so a quantitative content analysis was performed by coding the judgments made subject to the Act since its commencement in 2017 to June 2023. While the population is small, the analysis indicates that the offenders themselves are often subject to structural disadvantage and that order outcomes may not be proportionate to the offender’s assessed level of risk. It also suggests that the use of the controversial VERA-2R tool has been expanded beyond its purported purpose.
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