This weekend saw some disturbing incidents playing out in Sydney during protests against the current lockdowns.

NSWCCL has reviewed some of the footage with concern.

We support the right to peaceful protest - irrespective of whether we agree with the demands of those protesting.

But rights are not absolute and protest should be made in a responsible way that takes account of prevailing circumstances.

We've fielded many queries in the past weeks about the impact of the recent COVID19 lockdowns on our civil liberties. With some help from George Williams, an Australian academic specialising in Australian constitutional law, here are some answers.

Similar letters were sent to the Leader of the Opposition and the Parliamentary Friends of the Bring Julian Assange Home Group. 

The New South Wales Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the NSW Legislative Council Regulation Committee Inquiry into Environmental Planning Instruments (SEPPs).

NSWCCL makes this submission for a number of key reasons:

a. To ensure that adequate safeguards are in place for the creation of SEPPs in recognition that parliament is the supreme law making body in the state;

b. In recognition that the climate change poses a significant and increasing threat to the ability for citizens’ and others residents’ civil liberties and human rights, and that any decisions made which concern the environment should be appreciative of the adverse effects of climate change; and,

c. In recognition that First Nations communities voices should be recognised and afforded significant weight in the development of environmental and planning policy.

Statement from President of NSW Council for Civil Liberties on Legal Challenges to Travel Bans

NSW Council for Civil Liberties welcomes the significant separate legal challenges commenced today to the travel bans.

Both the harsh criminal penalties facing returning Australians and the authoritarian exit bans are causing great distress for tens of thousands of people.

PUBLIC STATEMENT BY PAULINE WRIGHT

The federal Government’s move to criminalise Australians travelling home from India, including massive fines and penalties of up to 5 years’ imprisonment is an extraordinary move and likely to infringe international human rights law. This will abandon Australian citizens to their fate in an utterly overburdened health care system in India. It is inhumane and unconscionable.

It is certainly not the only suitable way of dealing with the threat to public health. A less restrictive and intrusive way of protecting Australians would be to improve quarantine systems instead of criminalising our citizens who are doing nothing more than wishing to come home.

The Government’s move also looks discriminatory. While there can be no denying that the situation in India is critical, no such measures were taken for Australians returning from the United States, the United Kingdom or Europe during the height of their dire pandemic crises.

29 MARCH 2021                                    

PUBLIC STATEMENT

The NSW Council for Civil Liberties calls on the Federal Government to end the ban on leaving Australia and introduce clear and transparent rules for who gets to enter Australia.

This week marks a year since the imposition of both inward and outward travel bans. The government has adopted an authoritarian approach to the issue of incoming and outgoing travellers rather than improving the hotel quarantine system. This approach must now end.

NSWCCL has sent an open letter from Nicholas Cowdery AO QC, President of the NSW Council for Civil Liberties to the Prime Minister urging the Australian Government to intervene to support Julian Assange and do all that can be done to stop his extradition to the USA and enable him to return to Australia. 

The Council urges Senators and Members of Parliament to consider supporting Julian Assange by ensuring he receives appropriate and effective support from the Government to end the politically motivated attempt to extradite him to the USA.

More information: read the full letter.

NSWCCL made a Submission to this Inquiry. 

Executive Summary:

1. The New South Wales Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the Education Committee concerning the Education Legislation Amendment (Parental Rights) Bill 2020 (“The Bill”). 
2. NSWCCL considers that the Bill should not be passed. Not a single aspect of the Bill improves upon the law as it currently stands in NSW. Moreover, the Bill is an appalling contribution to public debate and education policy in this State.
3. In this submission, NSWCCL will argue that the Bill should not be passed for the following compelling reasons. The Bill:
   a. is plainly bigoted, discriminatory and cruel;
   b. is likely unconstitutional;
   c. is injurious to fundamental human rights, including freedom of expression;
   d. would harm education in NSW;
   e. is unnecessary; and
   f. violates the principle of coherence.
4. This is a remarkable combination of defects. Residents of NSW deserve better from their lawmakers.
5. We are happy to expand upon our submission if invited to provide evidence before the Committee.

Recommendation 1: NSWCCL recommends that the Committee and the NSW Parliament reject the Education Legislation Amendment (Parental Rights) Bill 2020 in its entirety.

More information: 

• Our submission
• Transcript of our appearance before the Inquiry. 

On 1st February 2021, NSWCCL Vice-President and Convenor of the Civil and Human Rights Action Group, Jared Wilk, appeared at the House Standing Committee on the Environment and Energy hearing on the Climate Change (National Framework for Adaptation and Mitigation) Bill 2020 and Climate Change (National Framework for Adaptation and Mitigation) (Consequential and Transitional Provisions) Bill 2020.