POLICY DECISIONS 1985 TO 1996
This is an amazing document outlining 93 policy statements
adopted by the NSWCCL, either at Annual General Meetings
(AGM) or at Committee Meetings (CM) from 1985 to 1996.
The compilation is a useful guide to some of the
main issues considered by the CCL from 1985 to 1996. Many
principles
are still policy. Some of the decisions may seem dated but
are a testament to the progress and influence of NSWCCL.
Download
policy document here: MS-Word
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Text
AIDS
CM. 28.08.85
That the council opposes any proposal to criminalise consensual
activity by an AIDS carrier who is aware of his or her condition
without informing his or her partner of the risks involved and
also opposes the proposal to compel the passing of information
disclosing the identity of persons carrying AIDS antibodies
to government medical authorities. The Council is of the view
that enforcement of such a law would be impossible and attempts
to enforce it will merely drive underground those people in
need of medical assistance and will be a direct encouragement
to discrimination against homosexuals.
Confidentiality and AIDS
CM. 26/4/89
That the police computerised criminal record system should
be audited (by NSW Privacy Committee) to ensure that all confidential
medical information has been deleted.
CM. 18.01.89
That:
- No mandatory testing be adopted as policy.
- Testing and confidentiality be adopted as policy.
- The Council expresses its concern at the trend to interpret
the Bail Act in
- respect of refusal of bail for persons suffering from AIDS
on the ground that
- they are a danger to society.
- Medical information on police records be confidential.
- CCL opposes the inclusion in a citizen's criminal antecedents
of his/her medical record.
28.09.88
That apart from the enormous expense of anonymously
testing blood for AIDS it is difficult to see what use the compilation
of these statistics could serve. If, for example, it disclosed
that the disease is not as widespread as previously thought,
then presumably financial resources will be directed away from
AIDS sufferers. If it discloses that AIDS is more widespread
than previously thought, if that is at all possible, then what
more could the Government do than has already been done to warn
potential risk groups about the problem? Other nations envy
Australia's vigorous efforts to contain the spread of this disease
and to treat its sufferers. The taking of blood as part of the
medical treatment stands in precisely the same position as the
giving of confidential information to your medical practitioner.
The blood sample is taken only with the consent of the patient,
only those tests to which the patient has agreed may be performed
in relation to it and the information from the tests is supplied
only to the patient, his or her doctor, or to other persons
with the patient's consent.
AGE
OF CONSENT - Homosexual
(CM. 22.11.89)
That the age of consent for homosexual acts between males be
lowered to 16 years.
(CM. 27.3.91)
That:
- the present position that ASIO records in the open access
period (presently 30 years or more old) are available to public
access, subject to ASIO's assessment as to whether security
reasons require them to be withheld, should not be changed
to exclude ASIO records from the Archives Act altogether;
- public access to ASIO records through the Archives Act is
an important aspect of open government and ensuring that government
agencies properly serve the public;
- the only change in the Archives Act which might be changed
would be reducing the open access period from 30 years to
a substantially shorter period.
(CM. 22.7.87)
That CCL calls on the Federal Government
to constitute a Royal Commission or similar inquiry into black
deaths in custody and associated social questions, under the
Race Power, and this inquiry be given clear constitutional power
to proceed and that the terms of reference be widely drawn.
(CM. 26/6/91)
That the Council supports the right of women to breast feed
in public places.
(CM. 24.03.93)
That the CCL is totally opposed to the re-introduction of capital
punishment.
(1994 AGM. 26.10.94)
The NSW CCL expresses grave concern at the
Capital Punishment Referendum Bill, 1994. We reiterate our stated
policy of total opposition to capital punishment and affirm
that this Bill is in conflict with Australia's obligations under
the International Covenant on Civil and Political Rights. Further,
we oppose the notion of a referendum to decide the issue, believing
that it is the business of Parliament to make laws. We call
on all members of the NSW Parliament to oppose this legislation.
CM. 27.04.88
That CCL oppose the principle of
compulsory reporting of financial transactions to a government
agency and oppose the creation of a criminal offence for not
reporting suspicions of suspect transactions, however defined.
CM. 22.6.88
That CCL considers that the Bill
imposes an unacceptable degree of surveillance over the affairs
of individuals within the community. The Bill is unacceptable
in that it replaces the law on breach of confidence and defamation
with an obligation on bankers to betray confidences in them.
(CM. 30.1.91)
That, given the varied and contentious
issues around the present international situation, we would
view with extreme concern any attempt by any official body to
stifle or prevent any broad discussion of the issues in public,
or the use of any experts in that discussion.
(CM. 28.2.96)
The NSW CCL fully supports the right
of Albert Langer to make the comments he has made. The NSW CCL
also condemns the stupidity of that particular part of the Act
which prevents people from making such comments.
The Council totally condemns the
political gaoling of Albert Langer, supports Amnesty International
in declaring him a prisoner of conscience and supports the Victorian
Council for Civil Liberties in their campaign for his immediate
release. (unanimous)
(CM. 28.08.85)
CCL policy is that all adults have the right to view films
unhindered by the actions of the Film Censorship Board.
(AGM. 29/10/93)
The CCL condemns Virginia Chadwick's
irresponsible censorship of safe sex material in the schools
and asks that she rescind the appropriate decisions. Further
that the Council should seek a meeting with Mrs Chadwick to
discuss this subject.
(CM. 27.7.88)
That the CCL opposes the proposed
changes to the classification of video cassettes and supports
the introduction of a classification of non-violent erotica.
CM. 27.5.87
That the cautioning system be
introduced into the legislation with the following safeguards:-
that no admission of guilt be required prior to a caution
being administered, and cautions not be taken into account in
sentencing and that they not be included in a child's record.
That the word "immediate" be left in clause 60(1)
(a) of the Child (Care and Protection) Bill 1987 but that
a warrant should be obtained in cases that are not immediate,
and that YACS officers be given training in the proper and appropriate
use of their powers in these circumstances. That parents should
not be able to exercise their powers under clause 57(1) (b)
without first having been counselled by an appropriate counsellor.
That the legislation specifically provide that where there is
conflict of the interests of the child and the parent the Children's
Court should be empowered to make the appointment and any right
of a parent to appoint lawyers in circumstances of conflict
should be removed by the court.
(CM. 25.8.93)
CCL supports the retention of the
unsworn statements.
Majority Jury Verdicts
(CM. 22.2.89)
That CCL expresses its continuing
opposition to any change from unanimous jury verdicts in criminal
trials.
Publication
of Artists' impressions of Court Proceedings
(CM. 27.2.91)
That the making of sketches of persons
in criminal and civil courts without the judge making an order
to say that such identification should not be made does not
constitute any breach of civil liberties.
(CM. 22.4.87)
That CCL:
§
Supports applying section 80 to the States and Territories
§
Objects to any reference to capital or corporal punishment in
the Constitution as this would give constitutional condonation
to those unacceptable forms of punishment,
§
Considers trial by jury be available for:
o
All offences for which the maximum penalty is imprisonment for
a period of
o
More than 1 year;
o
Contempt of court offences
o
Offences under defence force law before defence force tribunals
o
Offences of which individuals are charged (as distinct from
corporations) and for which a penalty of a fine, forfeiture
or other economic detriment which has a serious impact on the
economic welfare of the individual is imposed and no penalty
of imprisonment is imposed;
§
Objects to the proposal that the Parliaments may make laws for
appeals against
§
Acquittals.
CM. 27.4.88
That CCL:
§ Oppose detention
for interrogation
§ Oppose the
proposal to empower the police to demand, under threat of penal
sanction, the name and address of anyone who may be able to
assist the police with their inquiries into offences which 'may
have been or are likely to have been committed.'
§ Recommend
the abolition of common law powers of arrest and replacement
with
§ Appropriate
statutory powers so that the law or arrest is clear and accessible.
(CM. 25.2.87)
That CCL opposes the provision in
the Act permitting the use of photographs taken in other than
traffic offences. That there be a legislative prohibition on
continuous surveillance of drivers whether or not they are in
breach of the traffic laws.
(CM. 27.4.88)
That CCL request that the offence
of criminal defamation be abolished by the repeal of sections
50 to 53 of the Defamation Act. At the same time it would be
appropriate to amend s.49 of the Act to abolish the criminal
offence of blasphemous, seditious and obscene libel, all of
which are inappropriate to a late 20th Century liberal, democratic
society.
(CM. 27.3.91)
That:
§
CCL calls for the extension of the scheme to cover convictions
involving sentences of up to 30 months imprisonment, as applied
in Britain, Commonwealth of Australia and Queensland legislation.
§
CCL calls for the introduction of stepped expungement periods
so that persons with lesser sentences may have the benefit of
expungement before 10 years (eg. British scheme of 5, 7 and
10 years); and Legislation ensuring the expungement of arrest
records for persons who are not charged be introduced.
(CM. 26.4.89)
That committal proceedings are an essential part of the administration
of our criminal justice system.
(AGM. 26.10.94)
That the NSW CCL strenuously opposes this legislation.
(CM. 27.04.88)
That conspiracy should only be available
where jurisdictional factors prevent the charge of a substantive
offence and that, in those circumstances, only those conspiracies
to do acts which are crimes should be chargeable.
(AGM. 28.07.93)
The Council states that all persons charged with criminal offences,
summary or indictable shall have competent legal representation
subject to means.
(CM. 27.9.89)
That the CCL recommends that:
§
Section 353A (2) of the Crimes Act (NSW) should be amended so
that all non-consensual medical examinations and body cavity
searches are conducted in a way that complies with the recommendations
of the Australian Law Reform Commission in its report on Criminal
Investigation (1975: paras 130-133) and Privacy (1983: paras
172, 1107-1112).
§
Section 353A(2) authorises non-consensual blood tests on persons
in custody accused of (any crime or offence). The test is authorised
by a police officer of or above the rank of sergeant.
§
The Council proposes that all non-consensual medical tests,
including tests done on persons in custody, in relation to gathering
evidence for an offence, be conducted as follows: Existing powers
of search connected with arrest and search warrants do not authorise
officers to undertake non-consensual medical examinations;
§
s.353A (2) Crimes Act should be repealed;
§
Judicial authorisation must be obtained before any non-consensual
medical test or body cavity examination; Authorisation may be
made by a Magistrate or Judge, but not by a Justice of the Peace;
§
Authorisation may only be granted where there is reasonable
cause to suspect that evidence of the commission of an offence,
or the likely commission of an offence, will be obtained by
that examination or test;
§
Authorisation for non-consensual tests or examinations may only
be granted in cases where there is a "serious offence"
suspected. "Serious offence" is defined as an offence
carrying a penalty of seven or more years imprisonment.
§
(This would cover sexual assaults, except for indecent assault).
The Australian Law Reform Commission notes that body searches
are more intrusive that telephone tapping, and so should have
at least the same procedural requirements as telephone tapping
(1983: para 1112).
§
There should be appropriate privacy guidelines relating to the
storage and release of information collected during body tests,
including DNA tests. The same privacy projections as set out
in the Commonwealth Privacy Act would be appropriate, especially
as any DNA data bank is likely to have national input and usage.
§
That it is the firm view of this Council that the safeguards
should be no less in the case of persons under constraint and
in custody.
(CM. 27.5.87)
That the extradition laws be amended
to provide to defendants the right to make full answer to the
allegations brought against them by foreign countries and to
provide expressly for the right to bail pending the outcome
of any proceedings taken by the defendant in relation to their
extradition.
(CM. 24.07.91)
While the right to an interpreter
(s.23N) is the only 'right' not qualified by police powers to
defer granting such rights (s.23L), the threshold test is too
high.
At present, a person only has a
right to an interpreter when: An investigating official believes
that a person under arrest ... is unable because of inadequate
knowledge of the English language ... to communicate orally
with reasonable fluency in that language.
The notion of 'reasonableness' should
be removed and the right to an interpreter granted in all cases
where the suspect is not completely fluent in English.
(CM. 24.7.91)
All persons under arrest should
be given notice of their rights in writing. For people not fluent
in the English language, s23F of the Crimes Act should be amended
so that:
§
The qualifying word 'reasonable' should be removed before a
transaction is given; and
§
The right to both a written notice of rights in their native
language and an oral translation, should be placed in the legislation
for non-English speakers.
(CM. 30.1.91)
That the NSW Government introduce
legislation setting out the rules for taping interviews in NSW,
including the rights of persons being questioned to have access
to legal advisers, friends, interpreters and medical treatment
and that full consultation with interest groups take place prior
to introduction.
(CM. 24.2.88)
That CCL recommends the repeal of the law until sufficient
scientific experimentation is done to show what concentrations
of what drugs result in drivers driving in a way that puts themselves
and other road users at risk.
(CM. 28.8.91)
The Council calls upon the AG to
refer to the NSW Law Reform Commission the issue of powers of
non-police government officials to enter private property in
order to consolidate the laws along the lines of the search
warrant powers consolidation powers in the Search Warrants Act.
(CM. 24.7.91)
The CCL supports the adoption of
a regulatory offences scheme in lieu of some criminal law offences
which are now dealt with in the criminal courts. In such a scheme
the alleged offender would have the alternative of paying a
fine or going to court to challenge the grounds for the issue
of the infringement notice, with civil methods only used to
recover the money (ie. gaol not an option).
Such a scheme could apply, for example
to distilling offences under the Distillation Act ss. 10, 12,
34, 73a, 74, 76 which carry penalties of up to $5,000. Many
migrants fall foul of these prohibitions on distilling when
they make their traditional spirits at home. Person charged
under such provisions are dealt with in the commonwealth Local
Court and can go on to appeal to the District Court.
(CM. 25.03.87)
That CCL is fundamentally opposed to the imposition of criminal
sanctions retrospectively and cannot envisage any circumstances
in which retrospective criminal liability could be imposed.
(CM. 25.7.90)
The CCL calls upon the Government
to amend the Search Warrants Act to restrict the power to issue
search warrants to Magistrates and Judges, and to take it away
from any other "authorised justices".
Further, CCL opposes any extension
of search warrant powers beyond those contained in the present
Act.
CCL reserves its comments on the
issue of whether conditions should be attached to search warrants
which will be executed by specialised and heavily armed squads
of police.
(CM. 27.7.88)
CCL calls on the Attorney-General
to initiate the legislation necessary to repeal the offences
of affray and rout.
(CM. 26.8.87)
That CCL support the Citizens' Committee
on Human Rights regarding the unsatisfactory situation concerning
Chelmsford Hospital.
(CM. 22/1/92)
The Council reaffirms its policy of the decriminalisation of
drug use.
(AGM. 29.10.93)
This Council believes that any individual's
liberty should only be curtailed when it impinges on the liberties
of others. We do not oppose the sale of tobacco products to
adults. It is a person's right to use any legal substance, but
the context of use should be dependent on the comfort of others.
Smoking should only be allowed where there is no possibility
of passive smoking causing harm or discomfort to others. The
onus should be on the smoker to prove no discomfort or irritation
to non-smokers. We support the decision of institutions to declare
enclosed public areas smoke free. Similarly we support the right
of private ownership to declare "smoking permissible"
areas providing such areas are well signposted.
Gender
Studies
(AGM. 26.10.94)
That the Council for Civil Liberties calls on the Department
of School Education to develop and implement a component of
the curriculum on the social and cultural constructions of gender
within a framework of Gender Studies.
(AGM. 26.10.94)
The Council for Civil Liberties supports the need to legalise
living wills/ advance directives, and to have them centrally
registered on a national computer database for access by families,
significant others, and doctors.
This AGM of the NSWCCL calls on the Premier of New South Wales
to establish an all-parties committee with the view to formulating
proposals regarding legislation for voluntary euthanasia to
be put to the citizens of NSW for endorsement without undue
delay.
CM. 28.3.90
That the CCL response to the Community
Consultation being undertaken by the Privacy Commissioner to
requests by bodies to have access to criminal records is as
follows:
Exemptions for Employee Selection
§
Non-government employers No access should be granted to non-government
bodies. They do not have the right of access under the present
laws and the amendments to the Crimes Act should not have the
effect of broadening access.
§
Government employers Government bodies not granted access under
the Crimes Act should only be granted access by way of Regulations
on merit and with the following conditions (which presently
apply to NSW government employers access to NSW criminal records):
§
Access should only be granted to records which are 5 years or
less old;
§
The government employer should specify each position which would
have the power to seek access to such information, and justify
it; and
§
In relation to each government position for which the power
to access is sought, the applicant should specify those offences
for which they seek conviction information (ie. there will not
be a general release of all convictions), and its relevance
to the work of the position.
Licensing of Individuals
Non Government agencies
§
No exemptions should be granted to non government agencies.
Government Agencies
§
Access should only be granted on merit and according to the
conditions set out above in part 1).
Provision of Financial Benefits
§
No exemptions should be granted. The Council notes that all
the named organisations which have applied to the Privacy Commissioner
for exemption do not at present have right of access to such
information.
Professional and Administrative
Needs
§
The only exemption which should be granted is for legal practitioners
to obtain a copy of their client's criminal record with their
client's written consent and by completing a statutory declaration
as to the purpose and use of the information being sought.
Responsibilities of Custodians
of Old Records
§
It cannot be the intention of the 1989 amendments to require
libraries and archives bodies to destroy material which may
contain references to past convictions, however many such bodies
have sought exemption from the Act for fear that they will be
in breach of it if they permit public access to their collections,
and they have stated that they cannot cull their collections
to remove such information.
§
Since the present amendments which come into force on 1 July
1990, appear to place unacceptable limits on freedom of speech
and freedom of the press; and the procedure of individual exemptions
by way of regulations appears impractical, too time-consuming
and too expensive for each library and archive to seek individual
exemption under the present Act,
The Council resolves:
That the Federal Attorney General
be asked to amend the Act so that the freedom of the libraries
and archives to continue to display their collections be preserved;
and in the interim, the Privacy Commissioner be asked to publish
guidelines as to the interpretations of the Act to ensure that
the display of such information by libraries will not be considered
a breach of the Act.
CM. 25.7.90
That CCL opposes the proposal of
the NSW Government to limit expungement of criminal records
to persons sentenced to six months imprisonment or less. The
law should apply to all persons who receive a sentence of thirty
months or less.
This is the standard length of sentence
in Britain, the federal legislation and Queensland. CCL reserves
further comment on the proposal until the Bill is released.
CCL is concerned that the Bill will contain extensive exemptions
and also may permit too much access to criminal records.
(AGM. 25.10.95)
That the NSW Council for Civil Liberties
Inc fully supports the aims of the Free Beach Association of
NSW Inc.
Aims of the association:
§
To pursue actions to have the laws in NSW changed where necessary
to allow legal nude activities (eg. sport, sunbathing, swimming)
on designated public areas.
§
To lobby for extensions to the number of areas, and to already
designated areas, and access and maintenance of reasonable facilities
for such designated areas.
§
To promote nudism in healthy activities with particular reference
to free beaches.
§
To retain Reef Beach as a clothes optional beach.
(CM. 28.3.90)
That the Council calls upon the
State Government not to proceed further with attempts to amend
the fine enforcement legislation by deleting the right for time
to pay or community service orders for persons fined following
conviction for prostitution and unable to pay that fine.
Ownership & Possession
(AGM. 28.04.93)
Ownership and possession of firearms are not rights under Australian
law, nor under the international human rights convention - nor
should they be. Legal possession of a firearm is a privilege
granted to individuals which should be subject to strict regulation.
Procedural aspects of the enforcement of firearm laws may at
times raise civil liberties concerns, but having a firearm is
not in itself a civil right.
(CM. 26.10.88)
Fisheries Regulations and the right of appeal
That there should be an obligation
on the authority when notifying a fisherperson of its decisions,
to also inform the fisherperson of his/her right of appeal and
not merely of its decision and;
The Minister should be under an express obligation to afford
the appellant a hearing.
(CM. 26.07.85)
That Gaming should be treated as a business and regulated under
the Local Government Act and the Land and Environment Court.
The Gaming Act should be amended by repealing those sections
which:
§ prohibit
amusement devices;
§ prohibit
the organisation of a gaming house and/or unlawful game;
§ prohibit
the use of a place as, or access to, a gaming house;
§ make unlawful
various games;
§ create the
offence of being in a gaming house without lawful excuse;
§ permit the
entry by police of any place suspected of being a gaming house;
§ declaration
of a gaming house;
§ forfeiture
of money arising out of (i) or (ii).
HUMAN
EMBRYO EXPERIMENTATION BILL 1985
(CM. 25.02.87)
That:
§
Embryos should not be accorded the status of people.
§
Any legislation permitting non-therapeutic experimentation on
embryos should also provide that the embryo be destroyed or
disposed of at the end of experimentation and that implantation
of such embryos be prohibited.
§
If any of the proposed offences are to be dealt with upon indictment
then such a charge should be heard before a jury.
(CM. 25.5.88)
Search Warrants:
That CCL opposes the power of ICAC
to issue its own warrant without limitation on its power.
Privilege against Self-incrimination:
- That the Council resists
any further encroachment upon the right against self-incrimination.
If the right is removed, the Council supports the grant of
transactional immunities to witnesses compelled to incriminate
themselves in ICAC hearings.
Reporting Power:
- That CCL oppose the power
of the ICAC to report to the Parliament during concurrent
criminal proceedings against the subject of the report.
Secrecy Provisions:
- That the secrecy provisions
which oust the powers of the courts to scrutinise the operations
of the ICAC be strenuously opposed.
(CM. 25.9.91)
The NSW CCL calls for amendments to s.112 of the ICAC Act to
guarantee that persons called before that organisation maintain
their common law right to seek legal advice on all matters that
concern them. The Council calls for the end to the power claimed
by the ICAC to prohibit witnesses from seeking legal advice.
The CCL notes that the police and the courts do not have such
a power.
(CM. 24.1.90)
That CCL opposes the televising of ICAC proceedings as it would
expose persons involved to too much defamation of character
and may jeopardise a fair trial if charges are later laid.
(AGM. 29.10.93)
That the right of employees to go
on strike - that is, to withdraw their labour - is fundamental
in a free society, as is recognised in a Convention of the
International Labour Organisation, to which Australia is
a signatory. The CCL therefore calls for the unqualified embodiment
of this right in Australian law.
As a first step, the provision in
Section 45 of the Trade Practices Act which sanctions harsh
fines for trade unions engaged in strikes should be repealed
and there should be no such provision in other industrial legislation.
(CM. 24.5.89)
That the right of the individual to approach the NSW Industrial
Commission relates to existing causes of action as well as to
future causes of action.
AGM. 25.10.95
The NSW Council for Civil Liberties
notes with concern the apparent attempts at interference with
the Office of the DPP.
The CCL believes that it is vital
that this body remains and is seen to be of independent status.
CCL therefore calls on all parliamentary
representatives to desist from this behaviour and to maintain
the independence of the DPP and other statutory bodies such
as the Ombudsman and the Privacy Committee.
(CM. 27.04.88)
That CCL legal aid is to be granted
only by the Committee or, in emergencies, by the Chairperson
of the Legal Panel in consultation with some or all of the Executive,
and that the Chairperson of the Legal Panel report on a regular
basis to the Committee on the status of cases in which CCL has
given assistance.
(CM. 25.1.95)
That the NSW Council for Civil Liberties
condemns the new requirements for the admission of legal practitioners
instigated by the Law Society of NSW as unnecessarily restrictive,
severely curtailing the opportunity for many persons to be admitted
as legal practitioners.
This affects the civil liberties
of people in NSW in two ways: It severely restricts the opportunity
to enter the legal profession by persons without either substantial
funds or close contacts with legal practitioners and gives unprecedented
control over who is admitted to the profession by those already
in the profession.
By necessary implication, it restricts
the pool of legal practitioners from which the public may wish
to obtain legal advice.
(AGM. 25.10.95)
The NSW Council for Civil Liberties
condemns the Federal Government's move to reverse the effect
of the High Court's decision in Teoh.
The High Court held that Commonwealth
public officials in exercising discretionary powers were bound
to have regard to international treaties signed by the Commonwealth
Government.
The Council deplores the Government's
hypocrisy in representing to the world that we will abide by
our treaties, while expressly denying the use of those treaties
by Australian citizens in courts of law.
(AGM. 25.10.95)
This Council strongly opposes the
proposed Commonwealth "Crimes Amendment (Controlled Operations)
Bill 1995" and calls on the Federal Government to withdraw
the Bill and calls on the Senate to reject the legislation.
The Council for Civil Liberties
urges on the Parliament a consideration of the words of Chief
Justice Mason in that decision when he said "Circumstances
can arise in which the need to discourage unlawful conduct on
the part of enforcement officers and to preserve the integrity
of the administration of Criminal Justice outweighs the public
interest in a conviction of those guilty of crime."
(CM. 25.03.87)
That it is part of the democratic
rights of both the electors and the elected in local government
council elections that those elected be entitled to hold their
offices for the established period and not be dismissed until
substantial grounds for doing so are determined by an appropriate
inquiry.
(20.10.93)
It was noted that the Tele-Mirror
had published details of the names of people who had suicided.
That CCL should complain to the Telegraph and to the Press Council.
(22.9.93)
The proposed privilege for journalists
should be virtually absolute. There may be a case for over-riding
the privilege in exceptional circumstances, but those circumstances
should be carefully limited and defined eg. if concealing the
source increases the likelihood of a person being convicted
of a criminal offence. Courts determining actions in such matters
should have very clear guidelines in legislation.
(AGM. 26.10.94)
This meeting expresses concern that
the NSW Department of Health is permitting the rights of organ
donors, as provided for in the Human Tissue Act (NSW), 1993,
to be overridden by the wishes of relatives. The meeting requests
the Department of Health to maintain the rights of the individual
organ donor as provided in the Human Tissue Act (NSW) 1994.
PHONE-TAPPING/
LISTENING DEVICES
(CM. 27.09.89)
That the CCL opposes any proposals
by the NSW Government to ask the Federal Government to extend
telephone tapping powers to ICAC.
(CM. 24.1.90)
CCL calls for the introduction of
comprehensive privacy legislation that will both enshrine a
right to electronic privacy in the ACT and set out proper projections
against improper use of listening devices by the AFP (eg. to
introduce public annual reports, public interest input into
applications, require written submissions from police, render
unlawfully obtained material inadmissible.
(CM. 26.02.92)
That the CCL opposes the expansion
of powers to police to tap telephones as being in breach of
privacy standards.
PHOTOGRAPHS ON DRIVERS'
LICENCES
(CM 25.02.87)
That:
There be a prohibition from government agencies using these
photographs for any purpose other than in relation to drivers'
licences; It be unlawful that anyone be able to demand to
see a licence except in relation to matters relating to the
driving of motor vehicles.
CM. 20.10.93
That CCL notes with concern that
the NSW Police Association apparently believes that its members
are laws unto themselves. Policemen need to be reminded that
laws are made by elected parliaments and that the job of the
Police is to uphold laws, not defy them.
The CCL feels strongly that a thorough
investigation into the administration and operation of the Police
Service is long overdue. The Service is out of control and the
Commissioner, Mr Lauer, appears to be singularly ill-informed
of what some of the police under his command are up to, from
corruption to alleged supply of firearms and drugs to the underworld.
It is not enough to have a parliamentary
inquiry into these matters. A Commission, including nominees
of community-based bodies, should be established for the purpose.
The Council for Civil Liberties would be happy to participate.
AGM. 29.10.93
As Mr Lauer, the Police Commissioner,
has shown that he cannot control the police force, the New South
Wales Council for Civil Liberties Inc calls for his removal
from office. Further, we assert that a Minister for Police who
asserts that the NSW Police Service headed by Mr Lauer is "the
finest police service in the world" should be relieved
of his portfolio.
Police
Commissioner
AGM. 25.10.95
The New South Wales Council for Civil Liberties :
Congratulates the Royal Commission
on Police for its excellent work in exposing wide-spread corruption
and abuse of civil liberties within the Police Service;
Noting the corruption extends into
the senior commissioned police officer levels, condemns the
Police Commissioner, Mr Lauer, for negligence in ignoring or
being oblivious to the seriousness of the problems over a period
of years;
Re-affirms the resolution carried
at the CCL AGM in October 1993 that Mr Lauer should be removed
from office; and calls upon the Premier, Mr Carr, to act immediately
to implement this;
Pledges that the CCL, which is uniquely
placed as a body with no vested interests, will do all in its
power to ensure that there will be a root-and-branch reform
of the Police Service and its practices.
(CM. 25.5.88)
The Council condemns the Government's
attempts to restrict the powers of the Ombudsman as bad in principle
and inconsistent with the promise to enhance the powers of the
Ombudsman made by Mr Greiner before the 1988 State election.
(20.10.93)
It was noted that the press witnessed
the arrest of two people who were only charged by the National
Crime Commission. CCL is appalled by the release of names or
photos of people who have not been found guilty.
(25.8.93)
CCL objection to extra powers being
given to police in the proposed alteration to legislation on
Domestic Violence.
(CM. 28.8.91)
The Council opposes the introduction
of volunteer police in New South Wales. A full-time professional
and trained police force - subject to Ombudsman and disciplinary
procedures - is the only appropriate police force. There is
no place for volunteer police in the inevitable exercise of
police powers of:
· Arrest
· Charge
· Detention
· Detention
for questioning
· Entry onto
property
· Search
of persons and places
· Use of
force
· Electronic
surveillance
· Questioning
of suspects
· Carrying
and use of weapons
· Access
to confidential information and criminal records
CM. 27.03.91
That: there should be no ban on
political advertising. The Council supports in principle aspects
of the proposal which cover disclosure of donations we support
the concept of truth in advertising relating to political advertising
we would oppose any constraints on political advertising per
se on community organisations or lobby groups.
CM. 26.6.91
That the Council opposes strongly
the blanket prohibition on political advertisements by political
parties and other groups at any time contained in the Political
Broadcasts and Political Disclosures Bill 1991.
(CM. 24.8.94)
That NSWCCL promote the use of the
terms: sexually explicit material, and violent sexually explicit
material (whichever is appropriate for the material being discussed
at the time) when referring to material that the public/media
etc describe as 'pornography'.
(CM. 24.1.90)
That the CCL :
expresses complete opposition
to the transfer of the administration of juvenile detention
centres to Corrective Services; urges opposition to the Children
(Detention Centres) Amendment Bill in the form introduced
by the Government.
(CM. 26.7.89)
That CCL calls upon the Government and Opposition parties to
delete proposed new s.22A. Alternatively, the CCL recommends
that if the proposed
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2001 Copyright New South Wales Council for Civil Liberties Inc
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