NSWCCL News

Hundreds of submissions were made to the Senate Legal and Constitutional Affairs Legislation Committee on the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017.

You can read our submission here.

CCL views the Bill as dangerous, undemocratic and unfair. In brief we argued that the Bill:

  • creates a class of permanent residents who are denied recognition as citizens
  • requires new citizens to accept arbitrarily defined "Australian values"
  • confers unwarranted extraordinary powers on the Minister for Immigration
  • requires that applicants for citizenship have a knowledge of English which is set at an unfairly high level.

The Senate committee is due to report on 4 September 2017.


NSWCCL PUBLIC STATEMENT

 

Sydney Public Reserves (Public Safety) Bill 2017 (NSW)

The NSWCCL calls for the withdrawal of this extraordinary Bill.  It is unwarranted, unnecessary legislation.  

It is a harsh response in a context which calls for more responsible, compassionate and sustainable remedies to the serious policy failures of Governments which have left so many people homeless in Sydney.

The existing powers that NSW Police have under LEPRA (Part 14) and ) and the  Crown Lands Act (Sections 156, 157)  are more than adequate to remove persons who present any danger or threat to the public or are engaged in any unlawful activity in Martin Place.

Homeless people sleeping in Martin Place- or other public place- are not acting unlawfully.  

This Bill effectively criminalises homelessness.   It is a retrograde step, contrary to the move to abolish the crime of vagrancy and other victimless crimes more than 30 years ago.

Homeless people may be causing some level of inconvenience to the public, but some level of inconvenience may be the cost we have to pay for the major homeless problem we have in Sydney.

 Inconvenience can be managed more compassionately and responsibly than by rushing to force homeless people out of Martin Place when many will, of necessity, occupy other public space in inner Sydney.

NSWCCL urges the Government to abandon this rash Bill and re-engage with the City of Sydney Council and other agencies to find more sustainable solutions.  Homeless people should not be forcibly removed from public spaces until alternative ongoing accommodation is available for them.

The reallocation of the purpose built Sirius building to the current inner city homeless is one obvious part of the longer term solution that could be implemented quickly.

 

NSWCCL Public Statement


NSW Council for Civil Liberties calls for stronger protection of the right to political protest. The recent media statements by the Premier Gladys Berejiklian, Pru Goward and Tony Abbott concerning the homeless people camping in Martin Place highlight the need to protect our right to political protest.

Protection of civil liberties is weak in Australia. The Constitution contains a weak protection of the right to political protest. In NSW we do not have the protection of a bill of rights.

Peaceful political protest often involves disruption of public spaces. If we view the right to peaceful political protest as worth upholding, the community may need to tolerate some inconvenience.

Public statements by politicians to the effect that the police should be required to dismantle peaceful political protests occurring in public spaces ignore the fact that the right to political protest is a fundamental right in a mature democracy.

Now is the time to revisit the need for a bill of rights – visit Human Rights for NSW

 

 NSWCCL Media Release Right to Political Protest

 


Civil penalties for non-consensual sharing of intimate images -“revenge porn”

In a recent submission to the Department of Communication & the Arts, NSWCCL made specific recommendations to a proposed Commonwealth government prohibition on non-consensual sharing of intimate images, colloquially referred to as “revenge porn”.  We also addressed the question of appropriate civil penalties to deter, prevent and mitigate harm to victims, by individuals and content hosts, who breach the prohibition.

NSWCCL considers the non-consensual sharing of intimate images to be a privacy issue. It occurs when experiences, deemed private, are distributed without consent to the public, the victim’s family, work mates, employer or friends.  Nonetheless, privacy requires a balance of interests, therefore defences of public interest and consent should be available to the perpetrator.

The prohibition proposed by the government would be modelled on the Enhancing Online Safety for Children Act 2015 (Cth) (EOSC Act).  NSWCCL agrees that many of the provisions in the EOSC Act are suitable to deal with the non-consensual sharing of intimate images.  The EOSC Act establishes the role for a Commissioner to oversee a cooperative social media service scheme. The Commissioner is also authorised to approach the Federal Court for civil penalties, enforceable undertakings and injunctions.  A great benefit to complainants is that once a complaint proceeds, the Commissioner’s office takes over the process for removal of the material. NSWCCL agrees that the Commissioner should have a similar role to deal with non-consensually shared intimate images.