This week, the Federal Court of Australia (Burley J) made an interim control order under Division 104 of the Criminal Code Act 1995 (Cth) in Staunton v Zahab [2026] FCA 308.
The application, which was brought by a senior AFP member, Detective Superintendent Staunton, required the Court to determine whether a suit of conditions that would apply to the respondent upon his release from prison, were reasonably necessary, and reasonably appropriate and adapted, to protect the public from the risk of potential terrorist activity.
The Court accepted the applicant’s position that intensive monitoring conditions, including strict controls over devices, communications and online activity were essential to mitigating that risk. The Court emphasised that such conditions were not merely supervisory but operated as both a deterrent and a mechanism for early detection of any re-engagement in extremist conduct.
Importantly, the case provides a clear illustration of how the statutory test in section 104.4 operated in practice, confirming that past conduct can be a strong indicator of future risk and may justify significant restrictions on liberty where supported by evidence. It also reinforces that rehabilitation and expressions of disengagement, while relevant, may be treated with caution when they have been as yet untested in the community.
As Burley J observed, the conditions must be “reasonably necessary, and reasonably appropriate and adapted” [89] to achieving the protective purpose of the control order regime.
More broadly, this decision highlights the increasing judicial focus on technology-based risk in natural security matters and the willingness of the Court to endorse targeted, forward-looking preventative measures where justified.
Mr Trent Glover SC and Ms Katrina Curry appeared for the Applicant Jeremy Ewen Staunton, instructed by the Australian Government Solicitor.
Link to the judgement can be found here: Staunton v Zahab [2026] FCA 308
Media reporting about the decision appears here:
Rural sparky who researched missiles for IS headed home
‘A system that punishes Muslims’: ISIS terrorist Haisem Zahab to be freed from prison