A much needed, plain English guide to Australia's complex array of counter-terrorism laws was launched tonight by the Australian Muslim Civil Rights Advocacy Network (AMCRAN) and the NSW Muslim Legal Network (MLN). NSWCCL was very pleased to assist in this enterprise by reviewing and advising on aspects of the publication - as we also did in its earlier versions of 2004 and 2007.
AMCRAN and the MLN have delivered again on very important and difficult project. It is a time-consuming and complex forensic task to analyse the 80 plus counter-terrorism laws in Australia to extract accurate and reliable information for citizens who might be impacted by these laws and their legal representatives.
The initial edition of this guide was in response to a community need to understand new laws that were not only very complex but markedly different in their implications for rights and responsibilities of citizens- and the powers of ASIO and the AFP. This 2017 edition incorporates the virtual tsunami of new counter-terrorism laws passed in recent years- significant parts of which the NSWCCL, the Law Council of Australia and many community groups strongly opposed.
Significant changes covered in this version include:
"new offences of advocating terrorism and genocide; the new offence of travelling to declared areas; laws affecting citizenship and passports; the introduction of named person warrants; the introduction of mandatory metadata retention laws; laws allowing control orders to apply to children as young as 14 years; and the increase of the powers of both the Australian Security Intelligence Organisation (ASIO) and the Australian Federal Police (AFP)". (Preface to the 4th edition)
This guide will help the the community to understand the reach of current counter-terrorism laws and the powers of ASIO and the Australian Federal Police. It may also be helpful for ASIO and AFP officers. It is a terrifically important publication - and we congratulate the MLN and AMCRAN and the other individuals who assisted with the writing and review process.
We are fairly confident - along with the publishers - that this will not be the final version.
In the near future NSWCCL will be collaborating with other interested groups to run forums to familiarise interested people with the contents and significance of this updated guide.
Dr Lesley Lynch
Convenor National Security and Counter Terrorism Group.
Anti-terrorism laws- ASIO the police and you
NSWCCL has formally argued its strong support for a national anti-corruption agency in Australia.
We put our views in a submission to the current Senate Select Committee Inquiry on a National Integrity Commission (NIC) which continues the work of the 2016 Inquiry on the same topic: i.e. should Australia have a national anti-corruption body like the NSW ICAC and similar bodies in other states?
As a civil liberties organisation NSWCCL has previously opposed anti-corruption agencies sitting outside the established justice system and wielding extraordinary coercive and covert powers. We have cautiously shifted our position in response to the growing threat that increasingly complex forms of corruption pose to the public good in Australia: undermining the integrity of our political system, distorting the policy making process, diverting resources from public good objectives and generally undermining public trust in our political class, governing institutions and public administration.
If not more effectively checked, corruption poses a threat to democratic values and processes–including individual rights and liberties. From a civil liberties perspective, the balance between greater public good and greater public harm has shifted. In our view the Government's claim that its current 'multi-agency' approach is effective is demonstrably wrong.
If the public interest is to be protected against the corrosive effects of serious and systemic corruption, NSWCCL acknowledges that the establishment of anti-corruption agencies equipped with extraordinary investigative powers- albeit with proper constraints and safeguards- is necessary and proportionate.
NSWCCL's support is absolutely dependent on strong constraints and safeguards that establish the optimal balance between individual rights and the effectiveness of the NIC in exposing corruption for the public good. Getting this balance right has been well traversed in NSW since ICAC's establishment in 1988 and subsequently in other states as the operation of the state anti-corruption bodies has come under much scrutiny and review. The Select Committee has a wealth of state level experience on which to develop its recommendations.
Transparency and public hearings
Central to our support for a NIC was that it have the power to hold public hearings of its investigations. This will be one of the most controversial issues to be determined- if the Committee recommends the establishment of a NIC.
There is a good reason for this level of controversy. There is a serious tension between the potential for unfair reputational damage for individuals being publicly investigated without the protection of a fair trial before a court - versus the undoubted public good that flows in many ways from open investigation and exposure of corruption in these hearings.
NSWCCL considers that ICAC's use of public hearings has overwhelmingly benefited the public good. It has also provided proper transparency to ICAC's investigations which, by allowing public scrutiny of part of ICAC’s operations, provides an important dimension of oversight of the agency. It has also been hugely important in exposing the level and nature of corruption in NSW which is a positive in itself- but also generates much needed pressure on Governments to take appropriate anti-corruption action.
The public hearings, in so far as they have built considerable community support for ICAC, also provide some level of protection from inappropriately motivated Government interventions around ICAC’s powers.
Not content with the Migration Act in its current form, the Government continues to put forward changes designed to increase the power of the Minister and further constrain avenues available to asylum seekers and refugees. Our Asylum Seeker and Refugee Action Group has considered these bills and asks you to contact your local members of Parliament to oppose the proposed changes to the Migration Act. If you have a Coalition member of the Federal Parliament, you could urge them to rethink these Bills. If you have a local or nearby ALP member of the Federal Parliament, you could contact them, or one of the NSW ALP or Green Senators—to urge them to maintain their opposition to the following bills. Two of these Bills have been passed by the House of Representatives but, so far, been rejected or delayed by the Senate (the third of the Bills listed below has not yet passed the House of Representatives):
The Migration Amendment (Visa Revalidation and Other Measures) Bill 2016,
The Migration Legislation Amendment (Regional Processing Cohort) Bill 2016,
The Migration Legislation Amendment (Code of Procedure Harmonisation) Bill 2016 Provisions.
These bills contain shameful features which would undermine the rights, not only of asylum seekers and of recognised refugees, but of permanent residents and temporary visa holders across the board. They give unprecedented, non-compellable, non-reviewable powers to the Minister for Immigration and Border Security.
Full details of objections to these bills are made in submissions made by the Law Council of Australia or by the CCL and minority reports by ALP senators and by Green senators on the Legal and Constitutional Committee of the Senate (LEGCON): http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed_inquiries
The push for abortion law reform in NSW takes another step tomorrow (Thursday 11/05/17). The Legislative Council will debate and vote on the Abortion Law Reform Bill introduced by Greens MLC Mehreen Faruqi. ALP members will have a conscience vote- and there is just a chance that it might get passed in the Council.
This would be a significant step in NSW –even though it is unlikely that it will get majority support in the current lower house.
NSWCCL has publicly supported the Bill. Yesterday we wrote to all members of the NSW Parliament urging them to give this Bill proper and positive consideration and to support its passage through Parliament so that matters relating to abortion in NSW are treated primarily as a health rather than a criminal matter.
If that should fail, we have urged progressive members of Parliament to come together in a cross-party alliance and build the necessary support for decriminalisation of abortion asap.
As an interim fall-back action, we urge MPs to immediately pass the Safe Access to Reproductive Health Clinics Bill introduced by the ALP MLC Penny Sharpe.
Demonstration in support
GetUp is holding a public demonstration outside Parliament tomorrow morning. NSWCCL members will join that demonstration. Supporters of abortion reform are invited to join us. Macquarie Street - outside Parliament House - 9am Thursday 11th May.
Also: text, email or ring your local member and members of the Legislative Council. Sign the GetUp petition.
NSW Public Statement of Support
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