"That the Secretary write to Mr. Hulme (Postmaster-General)
protesting and putting points of view regarding the autonomy of the
A.B.C., particularly in relation to current affairs programmes and
to his cutting of the budget." (Committee Meeting l7th June 1970)
Aboriginal Reserves
One: "Re Professor Rose, anthropologist refused per- mission
to visit Groote Eylandt. The Committee feels it should protest that
permission was refused on political grounds and express 'its disapproval
of the ban. Resolved that a letter be sent to the press in these
terms." (Committee Meeting 5th June 1968) Two: "Residents
of Wallaga Lake (an Aboriginal community on the south coast) claim
that 1. they belong to or at least are descended from the Yuin people;
2. some natural sites nearby are sacred in the traditional beliefs
and practices of the people; 3. some of these sacred sites are being
disturbed by or threatened by disturbance from forestry operations.
accordingly an issue of civil liberties arises if a threat to the
right of the Yuin people to practice their religion and live according
to their traditional ways free from unreasonable interruption is
established, the CCL calls upon the NSW Government to establish
a suitable forum for the early investigation of this and other Aboriginal
land claims in New South Wales." (Annual General Meeting 28th
October 1978)
Abortion
One: "The Council for Civil Liberties asserts that a woman
has a right to have an abortion, that is, a termination of pregnancy
- and that a licensed physician has a right to perform or refuse
an abortion without the threat of criminal sanctions. In pursuit
of this right, the Council for Civil Liberties asks that State legislatures
amend all laws imposing criminal penalties for abortions performed,
for whatever reason, by a licensed physician. The law should allow
any woman to ask a doctor to terminate a pregnancy any time up to
quickening. The Council for Civil Liberties holds that every woman,
as a matter of her right to the enjoyment of life, liberty and privacy,
should be free to determine whether and when to bear children. The
Council for Civil Liberties itself offers no comment on the wisdom
or the moral implications of abortion, believing that such judgments
belong solely in the province of individual conscience and religion."
(Report of Sub-Committee, adopted in general by Committee, quoted
in 'Civil Liberty ; April 1970)
Two: "That the administrators of
public hospitals should seek to avoid a situation where women requesting
a termination of pregnancy are interviewed by doctors who are opposed
to termination of pregnancy on moral or religious grounds or who
believe that termination should only be permitted in cases of extreme
emergency. We are of the view that women should be entitled to have
their request considered free of any moral prejudice in the doctor.
Equally, any member of the staff of a hospital, either nurse or
doctor, who is opposed to assisting in a termination of pregnancy
should be free of any form of compulsion to assist in a termination
against that person's preference or will." (Annual General
Meeting October 1973).
Adoption
One: The Council for Civil Liberties favours legislative amendments
to correct anomalies in the legal position of unmarried fathers.
(Annual General Meeting 26th October 1974).Two: The Council for
Civil Liberties requests the Government to consider the introduction
of amending legislation to ensure that upon an adoption application
the Court shall have no discretion to take into consideration the
religious adherence or lack of it of the adoptive parents. (Committee
Meeting 26th January 1975)
A.S.I.O. and the Special Branch
One: "The compilation of dossiers on individuals is prima
facie a breach of civil liberties and as such must be closely scrutinised.
The minimal form of scrutiny shall be firstly that A.S.I.O. be under
the direct control of and directly accountable to the federal Attorney-
General and/or the Prime Minister and that no information be released
by A.S.I.O. to any person, government department, instrumentality
or otherwise, other than the Attorney-General and/or the Prime Minister."
(Committee Meeting 28th March 1973).Two: There is a strong case
to be made out in favour of disbanding A.S.I.O. or at the very least
of instituting an independent inquiry into the objectives, methods
and efficiency of the organisation and into the social and educational
background of its staff. (Council for Civil Liberties evidence to
Senate Select Committee on Civil Rights of Migrant Australians,
5th September 1973).Three: That the Committee for Civil Liberties
expresses profound dismay over the report of the Hope Royal Commission
on intelligence and security and the decisions of the Federal Government
in relation to it. (Annual General Meeting 29th October 1977).Four:
That the Special Branch (of the New South Wales Police Force) be
abolished. (Committee Meeting 29th March 1978).Five: That the Council
for Civil Liberties consider there should be a form of judicial
enquiry into Special Branch records and operation. (Committee Meeting
29th March 1978).
Bail
That the Council for Civil Liberties write to the Attorney- General
pointing out the practical problems of persons in custody opposing
bail and strongly urging the Attorney-General to immediately issue
a direction to Station Sergeants, Clerks of Petty Sessions and Gaol
Governors authorising them to accept bank cheques, Government cheques
and private cheques, where appropriate, together with certificates
of fitness to enable sureties without cash to secure the release
of persons admitted to bail. (Committee Meeting 15th December 1976).
Breathalysers and Seat Belts
One: 'The Council for Civil Liberties is not in disagreement with
the principles behind the legislation relating to breathalyser testing,
but is concerned with its administration . . . we advise that any
person required to take the test and who believes himself to be
not guilty, should insist on having a blood test." (Letter
to press, quoted in Civil Liberty, February 1969).Two: "That
the Council for Civil Liberties policy is to oppose the introduction
of random breath tests. Further resolved that the Council for Civil
Liberties has no policy on compulsory seat belts." (Committee
Meeting 28th October 1970).
Bugging Devices
One: "That this Council maintains that bugging devices shall
be outlawed except for official investigations involving National
Security and after authorisation has been obtained from a Supreme
Court Judge acting on sworn evidence, and that evidence obtained
by bugging should be inadmissible in Court." (Committee Meeting
17th September 1969).Two: The Council for Civil Liberties is opposed
to the extension to criminal activities, including those relating
to marijuana, of phone tapping with or without the authority of
the Attorney-General. "The Council for Civil Liberties reendorses
its general policy on bugging devices as stated in the Policy Decision
of the Committee Meeting of the 17th September 1969." (Committee
Meeting 25th January 1978).
Capital Punishment
"That the question of capital punishment is a matter of civil
liberties; that the Committee of the Council for Civil Liberties
is opposed to capital punishment." (Committee meeting 13th
December 1966).
Carnal Knowledge
"There is no statutory authority either under the Registration
of Birth, Deaths and Marriages Act 1899 (as amended) or otherwise
for the adoption of this practice (automatic notification to police,
by Registrar General, of details of registration of births to unmarried
mothers below the age of 16 years and 9 months) and this Council
considers that it is highly objectionable and should be discontinued."
(Letter of 16th September 1965 to New South Wales Minister for Justice,
quoted in Newsletter No. 6). N.B. By amendment of the Act in 1973
this practice was terminated although the Minister still has legislative
power to reintroduce it by regulation in future.
Censorship
One: "That the Council resolve all forms of censorship hitherto
applicable be abolished." (Annual General Meeting October 1969).Two:
It is a firm policy of this Council to work towards the removal
of all forms of censorship, and therefore the following recommendations
for providing a more objective basis for the present system do not
imply any departure from the Council's established policy. (Letter
to Minister for Customs December 1970).Three: 'That all legal restraints
hitherto placed upon the advertising of contraceptive information
be removed, and in particular the references thereto in Section
3 of the Obscene and Indecent Publications Act be repealed."
(Annual General Meeting 23rd October 1971).Four: "The Council
for Civil Liberties notes with concern the reports in the press
that at least three States in the Commonwealth have declared their
intention of 'closing down' sex shops. It is the firm view of the
Council that no Government should interfere with the sale and distribution
of these goods to members of the public since this involves an attempt
to arbitrarily impose the moral beliefs of one section of the community
upon another section which does not share those beliefs. No one
is compelled to enter the shops and buy these goods." (Press
release, quoted in Civil Liberty, April 1972).
Censorship (Films)
One: "There should be removed from the Customs (Cinematograph
Films) Regulations those sections which authorise the banning of
a film which, in the opinion of the Censorship Board, "is likely
to be offensive to the people of a friendly nation or to people
of a part of the Queen's dominions" or "depicts any matter
the exhibition of which is undesirable in the public interest."
(Request to Minister for Customs reported in Newsletter No. 9 September
1966).Two: That the Federal Government be requested to consider
the introduction of an 'X' Certificate to permit adults to see
adult films uncut. (General Meeting June 1976).Three: Subsequently
the introduction of an "R" Certificate was urged. (Committee
Meeting l6th December 1970).N.B. In November 1971 an 'R' Certificate
was introduced but nevertheless some 'R' Certificated films are
still subject to censorship.
Censorship (Theatres)
One: Section 27 of the New South Wales Theatres and Public Halls
Act should be deleted (this section empowers the Chief Secretary
to prohibit or regulate the holding of any public entertainment
whenever he is of the opinion that it is fitting so to do for the
preservation of good manners and decorum. (Committee Meeting 23rd
October 1968 adopting a censorship subcommittee report).Two: "That
the Committee recommend to the Chief Secretary that all sections
of the Theatres and Public Halls Act wherein power is given to the
Chief Secretary to prohibit or regulate the performance of any public
entertainment based on the content of such entertainment shall be
deleted from that Act: That the regulations made pursuant to the
Theatres and Public Halls Act which purport to be based upon fire
danger and restrict the use of cinematograph film be investigated
to determine whether such regulations are reasonable in regard to
the use of modern film which has low fire danger." (Committee
Meeting 20th
August 1969).
Child Welfare
One: Under the Child Welfare Act, a child or young person (16-18
years) may be committed to an institution either for a specific
term not exceeding 3 years, or generally. In the latter case, apart
from a right of appeal within 21 days, a parent has no rights and
the Minister's discretion is absolute. Representations should be
made for an amendment to the Act in order to permit a court to review
a refusal by the Minister to discharge a child under Section 54(2)
against whom a general committal order has been made. (Statement
adopted by Committee, 24th February 1971).Two: "That the denial
or absence of legal representation for young persons in Crown appeals
raises an issue of civil liberty where deprivation of their liberty
is involved and that the Council for Civil Liberties ought to support
these cases and give them legal representation." (Committee
Meeting 27th March l974).N.B. "See Policy Decision No.39: Legal
Aid".Three: "That the Council for Civil Liberties is strongly
opposed to the proposed legislation by the New South Wales Government
compelling medical practitioners and others to report suspected
cases of child abuse." (Annual General Meeting 23rd October
1976).
Clutha Company
By the Clutha Development Pty. Limited
Agreement Act 1970, the company has been granted almost sovereign
power in certain areas. The company is free from objections and
appeals which would otherwise be available to members of the public
if those powers were exercised by the usual statutory authorities.
The powers granted to Clutha Development Pty. Limited are so wide
and the rights of persons otherwise entitled to object, appeal or
be informed, so drastically circumscribed that the Act amounts to
an invasion of civil liberty. (Statement adopted by Committee, 7th
April 1971).
"That the question of compulsory voting may probably raise
an issue of civil liberty, but that no action at this stage is justified."
(Committee Meeting 1st July 1970).
Conscientious Objection
"In our opinion the determination of the fact whether or not
a young man holds such a (conscientious belief requires a wider
range of experiences, views and social contact than can be expected
of any single person. This view if adopted in England, where the
determination if made by a tribunal of six lay persons, presided
over by a county court judge. The members include two trade union
representatives and at least two women. While not suggesting that
Australia should adopt this formula in toto, we strongly approve
the principle of using a tribunal embodying a variety of lay interests
and experience. We therefore, with respect, urge amendment of the
Act in order that such cases be heard by a magistrate as chairman
of such a tribunal, with the right of appeal to a tribunal of similar
constitution under the chairmanship of a district or county court
judge." (Letter to Minister for Labour and National Service,
February 1969, quoted in Newsletter No.10)
One: "Considering the contentious
erosion of the rights of the individual by legislative and administrative
action, the Council for Civil Liberties will take all necessary
steps to bring about a change of the constitution of the Commonwealth
which will guarantee the widest freedom of the individual compatible
with ordered Government." (Committee Meeting 5th February 1968).Two:
"The Committee should give high priority to making definite
and specific its general intention, already declared, to press for
the incorporation of guarantees of freedom in the Australian Constitution.
The Universal Declaration of Human Rights was adopted by the General
Assembly of the United Nations in 1948 but this has never been ratified
by Australia. It is the Council for Civil Liberties' policy to press
for the ratification of this Declaration of Human Rights."
(Committee Meeting 19th May 1971).
Costs on Acquittal
"The Council for Civil Liberties
shall press for the enactment of a provision that in all criminal
cases, whether upon summary trial or by indictment, the presiding
Judge, Magistrate or other judicial officer, may order that the
defendant in the event of being duly acquitted and not either bound
over or detained, shall be entitled to have his costs of defence
(reasonably incurred) paid out of the fund provided for that purpose."
(Annual General Meeting October 1964).
Defamation
No action for defamation should be at
the suit of any person who takes part in public affairs, public
activities or public debate for a statement (even if it be substantially
untrue) relating to that person's participation in such affairs,
activities or debate, unless the plaintiff proves that the statement
was made with reckless disregard of whether it was true or false.
Further, that absolute privilege should be extended to cover:
(i)
enquiries conducted under the authority of any Parliament in Australia,
(ii) statements made by members of local government councils at
council meetings; and that the offences of criminal libel and blasphemous
libel should be abolished. (Committee Meeting 19th September 1973).
Demonstrations
One: "Without entering into the
political controversy surrounding the issue of Australian intervention
in Vietnam, the Council for Civil Liberties disapproves of the addition
of a bond to fines imposed in petty offences incurred in the course
of peaceful demonstrations of legitimate views and considers this
to be an undesirable pressure on citizens to refrain from so demonstrating
their views." Committee Meeting 20th July 1966).Two: "That
this meeting deplores the ban on street marches in Queensland and
the pparently indiscriminate arrests which followed the Anti-Uranium
demonstration on Saturday 22nd October 1977." (Annual General
Meeting 29th October 1977).
Demonstrations and Privacy
"The Council for Civil Liberties
regards the right to demonstrate and the right to privacy in one's
home as important and basic. The Council is of the firm opinion
that the right to demonstrate should not be exercised at or in the
vicinity of a private home except in exceptional circumstances.
The right of privacy should not be used as an excuse to destroy
the right to demonstrate." (Letter to press quoted in Civil
Liberty, September 1970).
Discrimination
That the Council for Civil Liberties
supports the particular principles of the Anti-Discrimination Bill
1976 and stresses the need for legislation along these lines.
(Committee
Meeting 19th January 1977).
Dock Statements
One: "The New South Wales Government's
proposal to abolish the longstanding right of people accused of
serious crimes to make statements from the dock in their defence
without having to subject themselves to cross-examination in the
witness box deserves closer public scrutiny than it has so far had.
The Council for Civil Liberties believes that the present right
give proper protection to many inarticulate, unprepossessing or
even untruthful people who are in fact innocent of crimes charged
against them. The virtue of such protection more than outweighs
the vice that may be done should any guilty person escape through
use of this right". (Letter to press, March 1974).N.B. This
Government proposal was subsequently defeated.
Two: The Council for
Civil Liberties is opposed to amending the law giving the Judge
the right to comment on the fact that an accused person only made
a statement from the dock. (Committee Meeting 23rd January 1977).N.B.
As at the 1st September 1978 the Judge still has not that right
and there are no present proposals to give it to him.
Drugs
"That present powers relating to
drug use, rather than trafficking or importing, etc., be transferred
to relevant health authorities and removed from the jurisdiction
of police forces." (Committee Meeting 19th May 1971).
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Equal Pay for Women
"That the Council for Civil Liberties
supports the principle of equal pay for women. (Committee Meeting
20th March 1968).
Ex-Officio Bills of Indictment
"While acknowledging the right
of the Crown Law Authorities to find an ex-officio Bill of Indictment,
it is the view of the CCL that such a step should never have been
taken in the circumstances surrounding the Barton Case. The Bartons
have already been subjected to two lengthy committal proceedings
over a period in excess of 18 months. In the first proceedings the
Magistrate would not commit them for trial. In the second proceedings
the Magistrate, after finding a prima facie case, heard evidence
from the Bartons, but prior to his determination as to whether they
should stand trial, it was announced on behalf of the Crown Law
Authorities that the informations would be withdrawn and that an
ex-officio indictment would be presented against them and others
in the Supreme Court in respect of yet a third set of charges. The
presentation of an indictment in these circumstances is not in accordance
with the sense of justice that one should expect to find in the
Crown Law Authorities." (Annual General Meeting 28th October
1978).
Freedom of Information
One: "The right of any person in
principle to obtain information recorded about him by any Government
department or Government instrumentality is a basic civil liberty."
(Committee Meeting 13th December 1972).Two: "The CCL calls
on the Senate Standing Committee on Constitutional and Legal Affairs
to recommend substantial changes to the Freedom of Information Bill,
1978, which has been referred to that Committee for its consideration.
It is the view of the CCL that the Bill requires major amendment
if 'it is to provide members of the public with genuine access to
government decisions that affect them in their everyday lives, but
which are currently withheld from them." (Annual General Meeting
28th October 1978).
Fingerprints
One: The Council for Civil Liberties requests the Government to
introduce amending legislation to provide that fingerprint and photographic
records relating to a charge or charges brought against any person
which is subsequently dismissed to be destroyed.Two: That the Council
for Civil Liberties requests the Minister of Justice to consider
the possibility of issuing instructions to the Police to destroy
records relating to charges brought against any person who is acquitted
or where persons are not committed for trial or are not proceeded
against by nolle prosequi. (Committee Meeting 2nd January 1975).
Homosexuality
One: "That the policy of the Council
for Civil Liberties be that sex relations between adults in private
shall not be a criminal offence." (Committee Meeting 6th May
1970).Two: "That there should be no discrimination against
homosexuals on the basis of their homosexuality and that State and
Commonwealth governments should act to ensure full and substantive
equality to homosexuals. In particular, the relevant sections of
the Crimes and Summary Offences Acts should be amended; economic
discrimination against homosexuals, for example in employment, should
be eliminated. There should be strict controls over medical experimentation
on human guinea pigs and that the raping of male homosexuals in
jails should be stopped, perhaps by segregating them for their own
protection. The Council for Civil Liberties considers that a Commonwealth
governmental inquiry should be established with judicial powers
to report upon ways of ensuring such equality. Any such enquiry
should include amongst its members both male and female homosexuals."
(Annual General Meeting October 1973).Three: "That if the Royal
Commission on Human Relationships decides homosexuality is within
its terms of reference and if the Catholic hierarchy decide to challenge
that ruling before the High Court, the Council for Civil Liberties
brief Counsel to represent homosexual interests." (Committee
Meeting 10th December 1975).Four: "That a survey of employer
and union attitudes towards lesbian and male homosexual workers
should be considered and that a working group of Council for Civil
Liberties members be set up to consider whether this might be undertaken
by the CCL." (Annual General Meeting 28th October 1978)
Illegitimacy
The Council for Civil Liberties considers
the right of an illegitimate child to access to its natural parents
to be an issue of civil liberty. (Committee Meeting 13th October
1976).
Immigration
"The Council for Civil Liberties
in accordance with its principles, is firmly opposed to the refusal
of entry permits on purely political grounds. In particular it holds
that entry into Australia should be granted to authorised political
delegates from overseas seeking to attend a meeting or congress
held in Australia under the auspices of any legal Australian political
party." (Committee Meeting 20th July 1964).
Industrial Disputes
One: In industrial disputes, it is important
to preserve two rights: (1) the right of a trade union or group
of workers to go on strike and to engage in peaceful picketing;
and (2) the right of any employee to continue working without undue
intimidation. (Committee Meeting 16th May 1971).Two: Re Noel Latham:
This Council recognises and abhors the hardship and indeed plain
injustice of what has happened in Broken Hill; because these events
have taken place in that town, Mr. Latham is now effectively denied
work in his home town. (Letter from President of Council of Civil
Liberties quoted "Civil Liberty" June 1978).
Juries
One: "That the Council for Civil
Liberties believes that the jury system should be extended to cover
cases of appeal against criminal conviction by Courts of Petty Sessions
where the offender is liable to receive a sentence of three months'
imprisonment or more." (Annual General Meeting November 1965).Two:
"The compilation (and administration) of jury lists should
be taken out of the hands of the police; and Public Service employees
should be allowed to sit on a jury." (Committee Meeting 17th
October 1973).
Land Resumption Procedures
One: "The procedure provided for in the Local Government Act,
whereby the owner of land intended to be resumed must be notified
of the intention and given the opportunity to object before issue
of the resumption notice, should be incorporated in the Public Works
Act in relation to resumption under that Act. (Letter to Minister
for Public Works, quoted in Newsletter No. 8 May 1966).Two: It should
not be taken as a precedent that it is the business of the Council
to concern itself with specific resumption cases. (Committee Meeting
28th April 1965).
Leaflets
The Sydney City Council Ordinance which
prohibits the distribution of handbills (including political leaflets)
on any street should be repealed. (Letter to Minister for Local
Government, 12th June 1968).
Legal Aid
One: "Legal Aid should be extended
to indigent persons appearing in Courts of Petty Sessions and Children's
Courts on criminal charges." (Committee Meeting 19th May 1971)."N.B.
Since May 1975 in New South Wales the Legal Aid Department of the
Law Society has provided legal representation for all young persons
and juveniles appearing before Children's Courts, or on appeal therefrom,
anywhere in the State, except for those summonsed for an alleged
offence under the Motor Traffic Act. "Two: A litigant should
be entitled to a free copy of depositions of evidence and the judgment
of his case. (Statement adopted by Committee, 31st January 1973).
Three: That the Government should be commended for establishing
a National Legal Aid Scheme. (Annual General Meeting 25th October
1975).
Local Government
One: The Local Government Act should
be amended to provide that notice of any building application (other
than for purely internal purposes) be served upon all immediately
adjoining owners and upon any other person whose interests would,
in the opinion of the local Council, be affected by the application.
Such persons should be given the opportunity to oppose the application
and, if the application is approved by the Council, have a right
of appeal to the Land and Valuation Court of the Board of Appeals.
(Letter to Minister for Local Government, quoted in Newsletter No.
8 May 1966). N.B. "The Local Government Act has now been amended
to require a Council to notify adjoining owners of the proposed
erection of residential flats. It has also been amended to give
private objectors the right of appeal against the Council decision
in that regard but the later amendment has at the 1st September
1978 never been proclaimed. However a number of Councils, both Shire
and Municipal now adopt the policy of notifying adjoining neighbours
and other persons likely to be affected in respect of any building
application." Two: The Council for Civil Liberties supports
the Australian Journalist's Association and the Country Press Association
in their demands for open government in local Councils. (Committee
Meeting 25th February 1976).Three: That the Council for Civil Liberties
opposes any moves to impose censorship on the proceedings of Local
Councils and believes generally that Council Committees and subcommittees
should be open to the press and public. (Committee meeting 25th
February 1976).
Marijuana
One: Resolved that a draft letter on
this subject be sent to newspapers. (Committee Meeting 30th August
19&6J. The letter included the following: "The Council
for Civil Liberties standard in this matter is that there should
be no interference with the right of an adult to pursue his own
path, even to his own detriment, provided that it does no damage
to others . . . the Council urges that marijuana be removed from
the list of proscribed drugs. In the interim we hope that the Courts
will temper law-enforcement with common sense, and refrain from
imposing jail sentences on individuals found in possession of the
drug."Two: "That after consideration of the documentary
and other evidence available, the Council for Civil Liberties support
in principle the legalisation of the usage of marijuana in Australia
subject to certain Government controls, preferably by legislation.
That the subcommittee be instructed to seek the assistance and cooperation
of a member of the legal panel and an industrial chemist for the
purpose of defining suggested controls." (Committee Meeting
27th May 1970).
The Media
The Council for Civil Liberties shares
recent community concern with the monopoly ownership of all forms
of mass media, the trivialisation in public affairs and the denial
of a voice to minority interests. (Annual General Meeting 25th October
1975).
Medicine
The compulsory medical insurance does
not comprise an issue of civil liberties. (Committee Meeting 29th
September 1976).
National Service Act
"The Council for Civil Liberties,
while considering conscription to be a political issue rather than
one of civil liberties, wishes nonetheless to express its opposition
to some of the proposed amendments to the National Service Act.
It finds objectionable the use of informers and the penalties placed
on persons who decline to inform, particularly parents. It regards
the power to examine personal records as an invasion of privacy
of employing bodies and educational institutions. It is perturbed
that alleged offences, carrying sentences of imprisonment up to
two years, shall be tried by a magistrate without the defendant
having the option of a jury." (Letter to press, quoted in 'Civil
Liberty ; August 1968).N. B. The National Service Act has never
been repealed.
Naturalisation
One: "The Council for Civil Liberties
considers the present Government policy enabling Europeans to become
naturalised after five years' residence in Australia, but extending
non-European residential qualifications to fifteen years, to be
discriminatory, and strongly recommend that non-European migrants
be given the right to become naturalised after five years. It is
not intended that non-European students be included in this recommendation,
but that they be given a separate legal status." (Annual General
Meeting October 1964).N.B. The substance of this resolution became
law in 1966.Two: "We therefore suggest that serious consideration
be given to extending the provisions of the Nationality and Citizenship
Act to include: i) the right of a migrant to apply for and be given
information revealing the grounds for the rejection of his application
for naturalisation; and ii) the right of a migrant to lodge an Appeal
to be heard by either an independent commissioner or a tribunal,
(in camera, if necessary) who will decide whether the grounds for
the refusal are justified and are substantiated." (Letter of
10th September 1964 to Minister for Immigration quoted in Newsletter
No. 4).
Ombudsman
One: That all Governments - State and
Federal appoint an Ombudsman within their sphere of Government along
the lines of the New Zealand Ombudsman." (General Meeting May
1965)."N.B. Ombudsmen have since been appointed throughout
Australia with varying terms of reference."Two: The Council
for Civil Liberties favours extending the powers of the Ombudsman
to investigate the affairs of Local Government bodies. (Annual General
Meeting 26th October 1974).
Parliamentary Investigations and Enquiries
"Whilst not denying the inherent
right of parliaments to investigate and enquire into matters of
public importance and concern, the Council for Civil Liberties is
of the view that parliaments should lay down formal rules and procedures
for conducting such investigations and enquiries in order to protect
and safeguard the basic rights of persons appearing as witnesses
and persons against whom allegations are made in the investigation."
(Committee Meeting 29th September 1971).
Passports
"It is the view of the Council
for Civil Liberties that Australian citizens should be issued with
a Passport as a right and not as a privilege." (Committee Meeting
25th March 1970).
Police
One: "The integrity of the Police
Force can only be maintained whilst vigilant action is taken, by
those responsible, to purge the Force of those members who bring
discredit upon it from time to time. A great deal of public disquiet
can exist if no action is taken in such cases and the policeman
concerned is allowed to carry on in the execution of his duty as
before." (Letter of 7th July 1964 to Premier Renshaw quoted
in Newsletter No. 3).Two: "That the President write to the
Premier requesting that police officers wear number plates on their
uniforms at all times." (Committee Meeting 6th May 1970).
Police (Complaints Against)
Complaints by members of the public
against the police should be dealt with by an independent tribunal
consisting of (1) a judge; (2) a senior officer of police appointed
by the Commissioner; and (3) a lay person (not a member or ex-member
of the Police Force) selected from a panel of five persons representative
of various groups in the community, such persons to sit in rotation.
Hearings should be in public, with both parties entitled to legal
representation. The tribunal should have the same powers as a Royal
Commission; provision for dismissal of frivolous or malicious complaints
etc. (Statement adopted by Committee 6th April 1966).N.B. In September
1978 the Police Regulation (Allegations of Misconduct) Bill passed
through all stages of the New South Wales Parliament.
Police Prosecutors
"We are in favour of abolition of police prosecutors as they
presently exist in New South Wales." (Committee Meeting 20th
July 1964).
Police Raids
There may well be good cause for the
police to suspect that some individuals or organisations have engaged
in terrorist or other illegal activity, and of course the police
are bound to act upon any reliable information in their possession
concerning that. This does not excuse the manner in which the police
carried out dawn raids on 68 or so homes of members of the Croatian
community in New South Wales on 1st April 1973. (Council for Civil
Liberties evidence to Senate Select Committee on Civil Rights of
Migrant Australians, 5th September 1973).
Political Parties
That the Council for Civil Liberties is opposed to making illegal
any political party." (Committee Meeting 29th September 1971).
Public Servants' Political Rights
'The Council for Civil Liberties believes
that the large body of the Australian work force employed in the
Public Service should generally have the same rights of political
criticism and activity as those employed in private enterprise."
(Letter to press quoted in Civil Liberty April 1969).
Privacy
One: Greater safeguards for the privacy
of citizens are undoubtedly desirable, but the Council for Civil
Liberties doubts whether they can be best achieved by setting up
a committee rather than by legislation. For example, we believe
that there is a need for amendment of the Listening Devices Act,
which gives undue authority to the Police Force to use bugging devices.
Full details concerning the proposed New South Wales Government
Committee on Privacy have not yet been made public. However, the
Premier states that the Committee would (1) operate to prevent undesirable
disclosures by, or between, departments and authorities, and (2)
investigate relationships between government bodies and the public
and the media. Unless these matters are very carefully defined freedom
of the press and freedom of information could be jeopardised. (Committee
Meeting 21st November 1973).Two: "That the Council is concerned
at the threat to personal liberties presented by the use, centralisation
and cross-linkage of computer files on individuals, by commercial,
medical, law, law enforcement agencies, government departments and
instrumentalities, education and credit-control bodies." (Annual
General Meeting October 1973).Three: That the Council for Civil
Liberties requests both State and Federal Ministers for Industrial
Relations to consider prohibiting questions on application forms
for employers seeking to elicit information about applicants relative
to the applicant's religious beliefs, or affiliations, political
beliefs or affiliations, sexual preferences or practice or past
Police records. (Committee Meeting 15th December 1976).
Prisons, Prisoners and Prison Reform
One: "That prisoners, whilst in
custody, wherever possible, be given the opportunity to work at
award rates subject to a reasonable deduction for their maintenance."
(Committee Meeting 19th May 1971).Two: "That we support the
move for a Royal Commission on the Bathurst Gaol allegations."
(Committee Meeting 30th June 1971).Three: "The State and Federal
Public Service should not discriminate against job applicants on
the grounds f a criminal conviction where the nature of the conviction
has no relevance at the time of the application to the position
applied for. Should a convicted person be refused employment by
the Public Service the applicant should be given the right to appeal
to an independent tribunal." (Committee Meeting 25th July 1973).Four:
'That all persons charged with criminal offences (should) have the
right to private and privileged communications and conferences with
their lawyers irrespective of whether they are already serving a
sentence of imprisonment." (Committee Meeting 30th May l973).Five:
"That the Council for Civil Liberties is opposed to the building
of further maximum security gaols and in particular to the building
of the new maximum security gaol at Silverwater." (Annual General
Meeting 23rd October 1976).Six: "That the Council for Civil
Liberties calls for the resignation of the Attorney-General Mr.
John Maddison and the immediate setting up of a Royal Commission
to inquire into all aspects of the Department of Corrective Services
and in particular the handling by that Department of the events
following the riot and fire in Bathurst Gaol in February 1974."
(Annual General Meeting 25th October 1975).Seven: "That the
Council for Civil Liberties believes that prisoners should have
access to their file kept by the Department of Corrective Services."
(Annual General Meeting 29th October 1977).
Religious Instruction in Schools
'That the Committee investigate and
if thought fit protest against the New South Wales legislation in
respect of the introduction of the Religious and Moral Instruction
Curriculum." (General Meeting, June 1966). Subsequently the
Committee received a report from a subcommittee to the effect that
"this teaching is undemocratic and undesirable and that it
infringes a basic right of each member of the community to send
his or her child to a public school without fear of indoctrination
in any particular faith, and in the confidence that the school will
provide his or her child with a full secular education untainted
by religious dogma or belief. The Committee also formed the view
that the part of this curriculum which deals with scripture was
contrary to the spirit and letter of the Public Instruction Act
from which it purports to be derived and further that it should
be the subject of action by the Council with the Government."
(Quoted from Newsletter No. 10 1967).
Rushed Legislation
One: "That the President write
to the Sydney Morning Herald complaining about the shortness of
time in which this Bill (Summary Offences Act 1970) could be debated,
and emphasising the fact that many promises had been made that the
Council for Civil Liberties would be given notice of the provisions
and an opportunity to express their views." (Committee Meeting
18th November 1970).Two: "Three Bills were introduced and passed
through all stages in both Houses within one week. These three important
Bills - the Indecent Articles and Classified Publications Bill,
the Noise Control Bill and the Teaching Services (Amendment) Bill
- are controversial and complex. Whatever opinion may be held about
their merit, there can be no doubt that the public and interested
organisations should have been given an opportunity to study the
Bills and express a considered opinion upon them. "This opportunity
was denied by the Government in its unseemly haste to push the Bills
through before adjourning Parliament for 4 1/2 months." (Letter
to Sydney Morning Herald 2nd April 1975).
Scientology
"That this Committee, not having
investigated or having detailed knowledge of the practice of Scientology,
would, however, if legislation in respect to scientology were proposed,
oppose legislation directed solely to preventing the association
of members of that organisation. The Criminal Law should always
be directed against antisocial acts and offences defined in terms
of the ingredients of the offence and not in terms of membership
of any organisation. The committee is not by this resolution approving
or disapproving any proposed legislation that may deal with the
alleged antisocial behaviour of scientologists and postpone consideration
of any proposed legislation until such time as it is brought forward,
if at all." (Committee Meeting 23rd October 1968).
Smoking
The prohibition of smoking on public
transport was not a Council for Civil Liberties issue. (Committee
Meeting 23rd January 1977).
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Solicitor Appearances
The Council for Civil Liberties is of
the view that the Legal Practitioners Act should be amended so as
to provide for the right of a solicitor to appear before any public
tribunal in New South Wales. (Annual General Meeting 26th October
1974).
Sterilisation (Voluntary)
"That it is the right of the male
to have a vasectomy if he so wishes, and that no obstacle be put
in the way by the law." (Committee Meeting 27th May 1970).
Summary Proceedings and Appeals from Magistrate
One: "Costs awarded in a court
of summary jurisdiction should be recoverable in the same way as
a debt, and not, as at present, as a fine.Two: A court of summary
jurisdiction should be obliged to consider time to pay a fine, to
conduct an enquiry into the means of the defendant in considering
such question, and in any case to grant a minimum time to pay of
seven days.Three: Where the prosecution seeks a remand the court
ought to indicate to the defendant whether or not bail will be granted
and if so on what terms before the defendant is asked whether he
agrees to the proposed remand.Four: A court ought to have no power
to require a defendant upon conviction to enter into a bond in a
sum greater than the maximum penalty for the offence for which the
defendant has been convicted.Five: The provision relating to imprisonment
in default of paying a fine ought to allow for 510.00 per day in
prison and ought to be periodically reviewed." (Statement adopted
by Committee l9th May 1971).N.B. Since the 6th June 1978 the amount
has been increased to $25.00 per day.Six: "That police be directed
to proceed by summons rather than arrest wherever practicable, as
in the Commonwealth Public Order Bill." (Committee Meeting
l9th May 1971).Seven: That the Justices Act should be amended so
that persons who appeal to the District Court from a decision of
a Magistrate should not be required to enter into a recognisance
in order to prosecute their appeal. (Committee Meeting 26th January
1976).
Uranium Mining
One: The Council for Civil Liberties
regrets the decision of the Federal Government to proceed forthwith
with the development of an Australian Uranium Mining and Exporting
Industry.Two: The Council for Civil Liberties expresses its opposition
to Part VI of the Atomic Energy Act 1953 and the Approved Defence
Projects Act 1949 particularly Section 41. These provisions were
a potential but drastic threat to freedom of speech and dissemination
of opinion and knowledge relating to nuclear knowledge as well as
to accepted principles of criminal justice. The recent decision
to step up the mining and export of Australian Uranium has made
these threats real and the Council for Civil Liberties urges the
repeal of these provisions. (Annual General Meeting 29th October
1977).
Vagrancy
One: The concept of vagrancy - that
it is a criminal offence for a person to have no visible means of
support, or insufficient lawful means - is outmoded and repugnant
to modern ideas of justice. Poverty is a misfortune; 'it should
not also be a crime. We understand that the Vagrancy Act is sometimes
administered with the aim of helping derelicts, but this is a social
problem which, in our view, should be dealt with outside the criminal
law. We therefore urge that Section 4 (1) (a) of the Act be repealed.Two:
Section 4 (1) (j) of the Act - that it is an offence to habitually
consort with reputed criminals or known prostitutes or persons who
have been convicted of having no visible lawful means of support
- is highly dubious. It could be interpreted as meaning that a wife
must not habitually consort with a husband who is a reputed criminal.
We suggest that, 'if this section is to remain in the Act, it should
at least be qualified in two respects. There should be no provision
for a warning, without conviction, to be given by a magistrate for
the first offence: and it should be open to a defendant to prove
that the alleged habitual consorting was for a lawful purpose.Three:
If the law relating to the public use of threatening, etc., words
or behaviour is to be retained in some form, the offence should
be more precisely defined. The terms "offensive behaviour"
and "using insulting words" are too vague and are susceptible
to abuse in operation. The adjective "offensive" did not
appear in the Vagrancy Act prior to its amendment in 1908; nor was
there any provision for a bond as a penalty additional to, or in
substitution for, a fine for the offence. Also, the present sections
8B and 8C of the Act were not there before 1908. In our opinion,
these amendments made to the Act in 1908 were illiberal and have
acted as an unwarranted restriction upon civil liberties. If section
8 of the Vagrancy Act were restored to the form which it took prior
to 1908, it would relate to the public use of "any threatening,
abusive or insulting words or behaviour with intent to provoke a
breach of the peace, or whereby a breach of the peace may be occasioned".
We urge that this restoration of the Act be undertaken, with the
additional suggestion that "insulting words" should read
"grievously insulting words", so as to give more precision
to the offence. In order to discuss and elaborate upon the above
views, we would be grateful) if you would receive a small deputation
from the Council for Civil Liberties. (Letter to Chief Secretary).N.B.
In 1970 the New South Wales Government introduced the Summary Offences
Actwhich repealed the Vagrancy Act and certain provisions of the
Police Offences Act. However, the new Act not only retained the
concept of vagrancy as a criminal offence but shifted the onus onto
the defendant to satisfy the Court that he was not a vagrant!"
Voluntary Euthanasia
One: "The CCL recognises the right
of a terminally ill patient to decide the time and method of death."
(Annual General Meeting 28th October 1978).Two: "That the seriously
ill, incapacitated and dying should have available to them the benefits
of euthanasia, at the patient's request; if it is clear that the
patient's suffering can only be terminated by death. Euthanasia
is seen by the Council as a civil liberty, and therefore only voluntary
euthanasia (i.e. requested by the patient), would be considered.
In the same way, medical or other staff would not be asked to assist
in euthanasia if such action were contrary to their personal convictions.
A public official, such as an Ombudsman, would authorise the operation
after having made sure that the patient was fully aware of the significance
of what he or she was requesting, and after having made sure that
undue influence had not been brought to bear upon the patient one
way or the other. Once legal authorisation has been obtained, there
should be no medical problem in carrying out the operation. In cases
of differences of opinion, the matter would be referred to the courts
for a decision." (Committee Meeting 28th March 1979).
Note: this
is a historical document -- its attached comments are as at 1979.
© 2001 Copyright
New South Wales Council for Civil Liberties Inc
