As part of its response to the Coroner's Report on the Lindt Cafe seige and other recent terrorist events in Australia the NSW Government has flagged a package of new counter-terrorism laws which it will implement. Much of this legislation will be part of a new national counter-terrorism package which is to be more thoroughly considered by a special COAG meeting in the near future.
Today however, the question of careful consideration was not on the agenda when the NSW Government introduced the TERRORISM LEGISLATION AMENDMENT (POLICE POWERS AND PAROLE) BILL 2017 with the intention of forcing it through Parlaiment in one or two days.
This Bill extends police powers to use lethal force in a declared terrorist incident as well as mandating a presumption against parole for people who have demonstrated support for or links to terrorist activity.
NSWCCL is deeply concerned about aspects of this Bill -especially the proposed broader trigger for the use by police of lethal powers (shoot to kill powers) in a declared terrorist incident- or a likely terrorist incident.
We do not consider it necessary- police have adequate and appropriate powers to use lethal force now when there is an imminent or immediate threat to life or of serious injury.
We consider it likely to have unintended and potentially dangerous consequences.
We are appalled that this Bill is being pushed through the NSW Parliament without reasonable time for consideration of the detailed drafting by the Parliament itself or the legal community.
The Bill was passed by the Legilsative Assembly this morning after a short and perfunctory debate. Only the Greens opposed it. No doubt it will be pushed through the Legislative Council this afternoon.
NSWCCL registers its concern at this hasty process and our opposition to the Bill in its current form.
Read NSWCCL's Statement on the Bill
The Minister for Immigration and Border Protection, Peter Dutton, recently set a deadline for asylum seekers living in Australia to make their applications for protection. There about 7,500 people affected. Each adult has to fill in a complex 41 page form, and to fill in a 25 page form for each of their children, babies and all.
Asylum seekers have only one chance to apply for protection, and mistakes on their forms will lead to some being sent back to the dangers from which they have fled. Any inconsistencies, for example with what they said when they arrived in Australia, can be fatal.
Mr. Dutton is not providing the legal assistance essential to ensure that the forms are completed appropriately, nor does the government provide the interpreter services that are required. Volunteer organisations and lawyers acting pro bono do not have a hope of completing the work in time.
We are asking you to write to your member of parliament, to a senator, and to the minister, asking them to remove this deadline, and request that legal and interpreter help is funded by the government.
Could you please let us know if you are in communication with any members of parliament on this issue.
Martin Bibby, Convenor, CCL Asylum Seekers Action Group
We have been working with Amnesty International on a campaign to generate support for a NSW Bill of Rights. Victoria has one. The ACT has one. Queensland is getting one. It is time we had a human rights act in New South Wales. There have been two previous attempts to introduce a human rights act in New South Wales. The last attempt was over 10 years ago.
It is time to try again. Go to humanrightsfornsw to find out more.
In a surprising -and disappointing- intervention Minister Dutton has written to the Muslim Legal Network (MLN) querying the intention behind a section of their recently launched guide to anti-terrorism laws: ASIO, the Police and You.
The clear implication from the Minister was that the MLN were intentionally providing guidance to assist persons with terrorist or related criminal intentions to avoid detection by the Australian Border Force or AFP.
The extraordinary thing about this totally unwarranted distortion of the clear intentions of the guide (and its three earlier editions since 2004) was that the specific section cited as disturbing by the Minister was closely modelled on advice provided by a NSW Regional Coordinator of the Australian Border Force and their own official fact sheet "Border Advice for Hajj Traveller" issued in 2015.
As anyone reading this document would know the intentions behind the publication are totally constructive and positive.
This guide was produced for the same reason the three earlier editions were: to provide the community with a clear and understandable description of these laws and the rights and responsibilities of citizens in relation to them. Surely that is a positive!
The MLN has replied to the Minister and circulated a media statement repudiating his sinister interpretation of the guide. Nonetheless, they will slightly amend the wording to more strongly emphasise their positive intention.
NSWCCL considers the Minister's distorted interpretation to be deeply disturbing. We hope it does not signal an unwarranted and biased focus on this community guide to C-T laws because it was produced by a Muslim legal network.
We commend this 4th edition of ASIO, the Police and You. It provides a much needed service to the community - and we are very pleased that NSWCCL has contributed to all of the editions since 2004.
Dr Lesley Lynch
MLN media release
Anti-terrorism laws- ASIO, the police and you
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