Constitutionally protected due process and the use of criminal intelligence provisions

This article considers how the concept of 'due process' can be enshrined in the Australian Constitution. I explain various conceptions of due process, before considering the current example of the use of 'criminal intelligence' provisions in anti-association legislation, allowing the use of evidence against an individual without that individual having an opportunity to see or hear the evidence. I conclude that a strong argument can be made that such laws interfere with due process, by empowering a court to act in a non-judicial manner, by departing from the expectation of natural justice, by not requiring specificity of allegation, and by the use of unfair process liable to undermine the institutional integrity of a court