POLICY DECISIONS 1964 to 1979
Please Note: this is a long document. Simply scroll down to view your topic of interest. This is a great, preserved historical record and its attached comments are as at 1979. 
1 A.B.C. Autonomy 
2 Aboriginal Reserves 
3 Abortion 
4 Adoption 
5 A.S.I.O. and the Special Branch 
6 Bail 
7 Breathalysers and Seat Belts
 8 Bugging Devices 
9 Capital Punishment 
10 Carnal Knowledge 
11 Censorship 
12 Censorship (Films) 
13 Censorship (Theatres) 
14 Child Welfare
15 Clutha Company 
16 Compulsory Voting 
17 Conscientious Objection 
18 Constitutional Guarantees 
19 Costs on Acquittal 20 Defamation 
21 Demonstrations 
22 Demonstrations & Privacy 
23 Discrimination 
24 Dock Statements 
25 Drugs 
26 Equal Pay for Women 
27 Ex-Officio Bills of Indictment 
28 Freedom of Information 
29 Fingerprints 
30 Homosexuality 
31 Illegitimacy
32 Immigration 
33 Industrial Disputes 
34 Juries 
35 Land Resumption Procedures 
36 Leaflets 
37 Legal Aid 
38 Local Government 
39 Marijuana 
40 Media, The 
41 Medicine 
42 National Service Act 
43 Naturalisation 
44 Ombudsman 
45 Parliamentary Investigations & Enquiries 
46 Passports 
47 Police 
 
48 Police (Complaints Against) 
49 Police Prosecutions 50 Police Raids 
51 Political Parties 
52 Public Servants' Political Rights 
53 Privacy 
54 Prisons, Prisoners and Prison Reform 
55 Religious Instruction in Schools 
56 Rushed Legislation 
57 Scientology 
58 Smoking 
59 Solicitors Appearances 
60 Sterilisation (Voluntary) 
61 Summary Proceedings and Appeals from Magistrates 
62 Uranium Mining 
63 Vagrancy 
64 Voluntary Euthanasia
1.      A.B.C. Autonomy 
"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)
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2 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) 
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3. 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). 
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4 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) 
5 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). 
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6 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). 
7 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). 
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8. 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). 
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9. 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). 
10 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. 
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11 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).
12 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.
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13 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).
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14 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). 
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15 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).  
16 Compulsory Voting 
"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). 
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17 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) 
18 Constitutional Guarantees 
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). 
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19 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).
20 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 l9th September 1973). 
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21 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). 
22 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). 
 
23 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 l9th January 1977). 
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24 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. 
25 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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26 Equal Pay for Women 
"That the Council for Civil Liberties supports the principle of equal pay for women. (Committee Meeting 20th March 1968). 
27 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).
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28 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).
29 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). 
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30 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)
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31 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). 
32 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).
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33 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).
34 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). 
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35 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).
36 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). 
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37 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). 
38 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).
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39 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).
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40 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).
41 Medicine 
The compulsory medical insurance does not comprise an issue of civil liberties. (Committee Meeting 29th September 1976).
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42 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. 
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43 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).
44 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).
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45 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).
46 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).
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47 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).
48 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.
49 Police Prosecutors 
"We are in favour of abolition of police prosecutors as they presently exist in New South Wales." (Committee Meeting 20th July 1964).
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50 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).
51 Political Parties 
That the Council for Civil Liberties is opposed to making illegal any political party." (Committee Meeting 29th September 1971).
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52 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).
53 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).
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54 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).
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55 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).
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56 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).
57 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).
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58 Smoking 
The prohibition of smoking on public transport was not a Council for Civil Liberties issue. (Committee Meeting 23rd January 1977).
59 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).
60 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). 
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61 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).
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62 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).
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63 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!"
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64 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).
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Note:  this is a historical document -- its attached comments are as at 1979.
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