Next week the Parliament of Australia will debate the highly contentious and dangerous data retention bill (Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014). This bill, if passed, will mandate the collection and retention for two years of telecommunications data on all citizens – suspect and non-suspect alike – for subsequent access and analysis by intelligence and security agencies, police and other agencies.
No warrant will be necessary to access this data.
If this bill becomes law, Australia will have one of the most extensive and intrusive data collection and surveillance regimes in the democratic world.
NSW Council for Civil Liberties has written to all Labor MPs and Senators. We need you to do this too.Read more
NSWCCL President warns against 'not guilty' pleas and privacy issues concerning domestic violence register
NSWCCL President Stephen Blanks has warned against the automatic placement of offenders on a proposed domestic violence register, strongly urging that a court should decide whether to place somebody on the register based on an assessment of their risk to the community.
"If it's automatic, we will see an enormous change in the way people treat their defence," he said. "It will be a huge incentive on everyone charged with domestic violence offences to plead not guilty, which is quite counter-productive. We want a system where people are encouraged to recognise their guilt."
There are also potential privacy issues associated with the proposed register: "You don't want people getting information off the register and putting it on Facebook". Mr Blanks argues that access to the register should be strictly regulated.
Persons on the register should also be notified if their information has been accessed. While it has been argued that this could deter persons from checking the register, Mr Blanks affirms that it is a "fundamental privacy principle...People are entitled to know when information about them is being disclosed."
Source: Sydney Morning Herald, 6/3/2015
Source: SBS News, 6/3/2015
Source: 2SER 107.3, 9/3/2015
The NSW Council for Civil Liberties condemns the Prime Minister’s attack on the credibility of the Human Rights Commission (HRC), and Commissioner Gillian Triggs following the release of the Commission’s damning report into the detention of asylum seeker children.Read more
On the evening of Monday 9 February NSWCCL - supported by the Victorian, Queensland and South Australian CCLs and Electronic Frontiers Australia - invited our federal members of parliament to a special, pre-release screening of the gripping documentary CITIZENFOUR in Parliament House.
It was a terrific success with MPs from the ALP, Greens and cross benchers as well as staff, journalists and members of the public coming to watch the film and discuss it over drinks afterwards. (Maybe the failure of any liberal MPS to attend was related to their ongoing drama around leadership and policy directions.)Read more
Laura Poitras' gripping documentary CITIZENFOUR will be screened in Parliament House tonight, Monday 9 February, following on from its success in winning a BAFTA overnight. The combined civil liberties councils across Australia (NSW Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australian Council for Civil Liberties, and the Australian Council for Civil Liberties) and Electronic Frontiers Australia are hosting the screening in Parliament for interested politicians and staffers. The documentary provides a powerful insight into the astonishing dimensions and significance of metadata collection and analysis, and is offered as a contribution to the debate on the contentious data retention bill.
The screening has been crowdfunded by hundreds of individual donors across Australia.
NSWCCL calls on the Australian government to make all diplomatic efforts to stop the executions of the two Australian citizens on death row in Indonesia facing imminent execution. The NSWCCL has signed a joint letter with a range of other organisations to the Minister for Foreign Affairs, Julie Bishop, urging such efforts be made, and to the Indonesian Ambassador in Australia seeking mercy for the two Australian citizens facing imminent execution.Read more
Human Rights Watch, in its World Report 2015, comments on the Australian government’s human rights record in 2014, stating that the government's failure to respect international standards protecting asylum seekers and refugees continues to take a heavy human toll and undermines Australia’s ability to call for stronger human rights protections abroad. HRW reports on the introduction of new counterterrorism measures, describing them as 'overboard,' stating that the measures would infringe on freedoms of expression and movement. The report also highlights the government's failure to take action to address indigenous rights and disability rights.Read more
Last year civil liberties and human rights groups resisted, with limited success, the worst elements of the veritable tsunami of new counter-terrorism laws the Abbot Government brought in swift succession to the Parliament. Now we are fast approaching a decision point in the highly significant and contentious debate as to whether the Australian Parliament will legislate the mandatory collection and retention of mass telecommunications data for the bulk of the population to enable retrospective access by authorities.
It would be a major negative step for a democracy. It will be a major intrusion every citizen’s right to privacy - including those not suspected of any unlawful activity. This will have major flow-on implications for other freedoms and democratic values. In particular, it will undermine a robust and free press and constrain legitimate whistle-blowers by removing any confidentiality from all phone and internet communications.
The combined CCLS consider it to be a step too far. We strongly oppose the policy concept and urge the Parliament to reject it.
It is with great sadness that we learnt of the passing of one of NSWCCL’s founding members, Kep Enderby QC, on 8 January 2015. Kep was lifelong advocate for civil liberties and an active progressive force in Australian politics for decades.Read more
NSWCCL has endorsed the Law Council of Australia’s Asylum Seeker Policy released in November 2014. The Law Council highlights the importance of respecting international human rights principles in the development and implementation of asylum seeker policy in Australia.
The Law Council calls on the Australian government to treat asylum seekers in a dignified and humane manner. The Council stresses the fact that all asylum seekers (regardless of mode of arrival) have a legal right to seek asylum from persecution according to the Universal Declaration of Human Rights.
Furthermore, the Council emphasizes the importance of adherence to the principle of non-refoulement. Non-refoulement prohibits States who are signatory to the Refugee Convention from expelling or returning refugees to States where their life or freedom would be threatened. Accordingly, Australia must respect the internationally recognised right to asylum by enacting legal safeguards to protect refugees from refoulement.
The Law Council advocates for the clear legal processes for determining whether an asylum seeker invokes Australia's protection obligations. The Policy also calls for publicly funded legal and migration advice for asylum seekers.