NSWCCL News

There are rumours that the Australian Government is moving to refuse a visa to whistle-blower Chelsea Manning who is due to visit Australia soon for a speaking tour.

NSWCCL strongly opposes this as an unwarranted restriction of free speech and of the Australian community's entitlement to hear Chelsea Manning's views directly from her.  We accept that Chelsea Manning fails the character test in s.501 of the Migration Act 1958 but dispute that this is adequate grounds to deny her visa.  There can be no reasonable  apprehension that her speaking tour would cause harm to Australian community or that she will engage in criminal activity while in Australia. 

Her situation is entirely different from that of holocost denialists or advocates of violent misogyny who have been appropriately denied visas on character grounds. ,

We are disturbed at suggestions that the US Government may be pressuring the Australian Government to refuse her visa. If this is correct, it would represent foreign interference with Australia’s domestic affairs of a serious and unacceptable nature.

NSWCCL has distributed a public statement urging the Australian Government to defend and promote free speech and grant a visa allowing Chelsea Manning to come to Australia for her planned speaking tour. 

 

CCL statement on visa for Chelsea Manning 


To increase participation by healthcare providers and patients, the health records of all Australians are being automatically uploaded onto the My Health Record database unless they opt out between 16 July and 15 October 2018. There will be ability to opt out after this date, but a My Health Record cannot be deleted, only deactivated and removed from view. Consent in an opt out model relies on apathy, rather than encouraging control by the patient. In practice, the opt out process is cumbersome to implement and, in many cases, patients do not have the capability or capacity to exercise the controls to opt out or implement access restrictions. NSWCCL recommends that, unless there are specific health reasons for not doing so, individuals opt out of the MHR.

Uploading of documents by a healthcare provider is permitted by “standing consent” until that consent is withdrawn by the patient.  It is recommended that patients exercise their right to withdraw consent and advise their doctors when certain information is not to be uploaded.  Audit measures include notification to the patient of first time use by a healthcare “organisation”. However, this and other privacy measures do not eliminate the risk of unauthorised access, unintentional breaches and unwarranted disclosure of patients’ health records, by individuals within or outside those organisations. Proper auditing needs to be specific and visible to the patient, permitting them to decide what level of notification is desired. Disclosure of records should be limited to the minimum number of persons necessary to perform a task.

The Federal “Framework to guide the secondary use of My Health Record system data” is being introduced in 2020. Patients will have to withdraw or opt out of future plans for very broad secondary use of health records, rather than being able to give explicit consent for each disclosure of medical or health data to a third party.

Read more here My Health Record Summary


On 16 July 2018 the Queensland Labor Government released the Queensland Law Reform Commission (QLRC) Review of Termination of Pregnancy Laws report. The report made a series of recommendations, including the draft of a bill that would decriminalise abortion in Queensland.

It is currently unlawful to terminate pregnancy in Queensland, due to sections 224 to 226 of the Criminal Code. As noted in the QLRC report, a termination may be “lawful” if it is “necessary to preserve the woman from a serious danger to her life or her physical or mental health (not being merely the normal dangers of pregnancy and childbirth) which the continuance of the pregnancy would entail, and in the circumstances not out of proportion to the danger to be averted.” There are currently between 10 000 and 14 000 abortions in Queensland every year. They are mostly performed in the first trimester, with later terminations “comparatively rare”.

Under the current provisions, a person who causes an abortion can be imprisoned for 14 years. A woman who takes something to cause herself a miscarriage can be imprisoned for seven years. Supplying drugs or other instruments used for the purpose of abortion can result in imprisonment for three years.


Statement amended on 26 June: Following media interest, the NSW Council for Civil Liberties (CCL) has responded to criticisms from the NSW Government regarding the breadth of these regulations. CCL appreciates the government’s engagement with our concerns. This statement has been amended to incorporate the Government’s response, which is explained more fully in the final section of this statement. The regulations have also been provided at greater length, to explain other prescribed activities, and to set out penalties stipulated under the regulations.  CCL remains opposed to the regulations in question.

On 1 July, new regulations will come into effect, granting the NSW State Government incredibly wide powers to disperse or ban protests, rallies, and virtually any public gathering across approximately half of all land across the state. CCL strongly opposes these regulations. As is explained in the final section, the NSW Government has responded to our criticisms by arguing that the new regulations are broadly the same as previous regulations. This argument is factually correct, although fines that may be imposed under the new regulations have been increased. However, this does not answer criticism of the merit of the regulations.