The Custody Notification Service (CNS) is a legislative scheme requiring police to contact an Aboriginal legal service every time an Aboriginal person enters police custody. The scheme was designed and recommended by the Royal Commission into Aboriginal Deaths in Custody in 1991. Since its implementation in NSW around 17 years ago, the CNS has seen the rate of Aboriginal deaths in NSW Police custody plummet from around 18 per year, in the late 1980s, to zero for an unbroken period of over ten years.
Earlier this year, the Commonwealth Government sought to reform the federal CNS (after a finding by the ACT Supreme Court in R v CK  ACTSC 251, that existing federal legislation did not require ACT Police to notify an Aboriginal legal service when an Aboriginal person entered police custody). In amending federal CNS legislation, the Commonwealth consulted at length with the Australian Federal Police but failed to consult widely with Aboriginal legal services. Accordingly, the new 'model' Commonwealth CNS fails to provide Aboriginal people in custody with some of the key procedural rights to which they are entitled under the NSW CNS scheme (click below for further details relating to the proposed federal CNS). Ultimately, the CCL takes the view that the legislation in its unamended form will increase Aboriginal deaths in custody and rates of indigenous incarceration.
The CCL has advised a Senate Legal and Constitutional Affairs Committee of Inquiry and liaised with a range of Aboriginal legal services around the country, in respect to the consequences of the new Bill. While the CCL's submission to the Senate Committee was supported by ALP and Greens Senators, it failed to convince the Coalition Government to substantively change the legislation. Rather, in acknowledgement of the submission by the CCL, the Senate Committee has recommended amending the explanatory memorandum of the Bill to assist interpretation of the legislation in such a way that is more closely aligned with the NSW CNS. The CCL fears that such change is not enough to counter injustice against Aboriginal people within the federal criminal justice system.
A copy of the submission may be found here.
Australians might be surprised to know there is a new Bill proposing an Australian Bill of Rights before the Australian Parliament.
There has not been much stomach for active campaigning in support of a national Bill of Rights in Australia since the bitter and crushing disappointment of the Rudd Government’s failure in 2010 to act on the recommendation of the National Human Rights Consultation Committee (the Brennan Report) for a federal human rights act. This surprising and weak betrayal of community expectations, following a year of extensive consultation and clear public support for a human rights act - and the subsequent loss of the 2013 election to the Abbott Government – put a long term dampener on the enthusiasm of all but the most determined of campaigners.
Australia remains alone among western democratic states in not having a human rights act or charter.
In recent years the Australian Parliament has enacted numerous new laws - and the Australian Government has enacted numerous new policies and programs - which unwarrantedly infringe individual liberties and rights and are in clear breach of our international human rights obligations.
Without the protections afforded by a Bill of Rights, strong and persistent opposition to these laws from many sections of the community has been powerless to stop their passage. Professor Gillian Triggs, the recently retired President of the Australian Human Rights Commission, repeatedly warned of the dangerous consequences for the rights and liberties of Australians of this situation – and was outrageously vilified by the Government and sections of the media for so doing.
So it is with tentative optimism that NSWCCL applauds the introduction of the Australian Bill of Rights Bill 2017 into the Federal Parliament by the independent MP Andrew Wilkie - with the support of independent MP Cathy McGowan.
It is a wide ranging Bill which Wilkie says is closely modelled on an earlier private member’s Bill introduced in 2001 by Dr Theophanous which did not get past a first reading. (2R speech 14/8/17)
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
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