The Labor for Refugees group has criticized the emergency migration laws introduced by the Albanese government, asserting that certain provisions violate the ALP national platform and deepen divisions within the party.

The group's NSW/ACT branch, expressed concern over the legislation, which grants the immigration minister authority to compel non-citizens to depart Australia and restricts arrivals from entire nations. Describing the bill as "flawed," the group urged MPs to oppose it. Specifically, they objected to mandatory prison terms ranging from one to five years for non-compliance, arguing that this contradicts the ALP's stance against mandatory sentencing.

Additionally, they cautioned against expanding the immigration minister's powers, which they believe undermines the national platform's commitment to robust and transparent processes for protection visa claims.

Yesterday, the NSW Council for Civil Liberties (NSWCCL) presented before the NSW Electoral Matters committee, calling for the elimination of existing constraints on prisoners' voting rights.

Despite First Nations people constituting 3.2% of Australia's population as of June 2022, they comprise 30.4% of NSW's adult prison population.

Under the NSW Electoral Act 2017, individuals convicted of an offense and serving a sentence of 12 months or more are barred from voting.

"The Council strongly believes that any exclusion of a person’s right to vote is a grave curtailing of the right to participate in a healthy democracy,” said NSWCCL in a statement released yesterday.

President Lydia Shelly said, “The right to vote is just one of a range of human rights such as freedom of speech and rights to associate, assemble and protest that are fundamental to democracy.

The parents of a teenager who tragically lost his life in a knife attack in 2019, prompting the implementation of "wanding" regulations in Queensland, are advocating for similar measures to be adopted in New South Wales.

Referred to colloquially as "Jack's Law" in honor of the victim, 17-year-old Jack Beasley, these regulations allow police to utilise metal-detecting wands for warrantless searches in specified zones, including certain shopping centers.

Brett Beasley, Jack's father, disclosed to ABC Radio Sydney recently that he spoke with NSW Police Minister Yasmin Catley last year regarding the adoption of Jack's Law in NSW.

NSW Police Minister Yasmin Catley has confirmed that senior members within the government are currently discussing implementation of knife laws.

The New South Wales Council for Civil Liberties is concerned about media reporting alleging that NSW Police are lobbying the State Government to introduce new laws that would create criminal offences for the parents of minors found with weapons, including knives.

BOSCAR data indicates that knife crime has declined in New South Wales over recent consecutive years. The position of NSW police does not reflect the current research on the prevention of crime. We strongly urge the State Government to resist populist calls for legislative change that will not make our communities safer.

The Council urges all levels of Government to invest in our public mental health care system, public mental health supports and resources (including in Culturally and Linguistically Diverse Communities). This includes committing to a date for the proposed ‘whole of government’ Drug Summit, which remains one of the unfulfilled election promises to the people in New South Wales that could meaningfully impact weapons related crime.

The NSW Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the Senate Standing Committee on Legal and Constitutional Affairs in regard to the Administrative Review Tribunal Bill 2023 [Provisions] and related bills.

The NSWCCL endorses the sentiment and recommendations made by many of the other civil society and advocacy organisations who submitted to the Inquiry into the Administrative Review Tribunal Bill 2023 (ART Bill) and the Administrative Review Tribunal (Consequential and Transitional Provisions No.1) Bill 2023 (Consequential and Transitional Bill), including the Centre for Public Integrity, the Refugee Council of Australia, Liberty Victoria and The Australia Institute.

The NSWCCL opposes outdoor alcohol restrictions in public places, including alcohol-free zones and alcohol prohibited areas in parks and public spaces. We argue that these restrictions impede on freedom of movement and disproportionately affect marginalised individuals. Instead, we advocate for evidence-based harm minimisation programs and support services.

Out full submission is below. 

Currently, individuals incarcerated in NSW serving sentences of 12 months or more are ineligible to vote in state elections. However, federally, these restrictions only apply to those sentenced to at least three years of imprisonment. This discrepancy has prompted questions from civil rights groups in NSW, who are now urging the government to address this disparity and advocate for equal voting rights for all incarcerated individuals, regardless of the length of their sentence.

The NSW Council for Civil Liberties is among these groups. NSWCCL holds the position that inmates should not be denied the right to participate in this fundamental democratic process. Not only is this denial contrary to any potential rehabilitative outcomes that detention might serve for an inmate, but it also harms society as a whole.

Our president talks to The Project about search laws in NSW in the wake of the recent tragic attacks in Sydney involving knives.

We recommend that the Government bins this repugnant bill and we urge all of our members to take a vocal, immediate stand against it. It attempts to legitimate the exclusion, detention, and criminalisation of people based on where they are born. The NSWCCL recommends that the Government reconsider its approach to legislating on this issue and engage in a more transparent and consultative process reflective of the importance of the fundamental principles of democracy including the separation of powers and rule of law.

37 civil rights, union, and environmental organisations, together with the New South Wales Council for Civil Liberties (NSWCCL), are calling on NSW Labor to repeal the draconian protest laws first introduced two years ago.

Premier Chris Minns has been asked to conduct a public inquiry into the laws which have been said to create a “chilling effect on civil movements and social progress”. 

The laws in question, amendments to section 144G the Roads Act 1993, criminalise “serious disruption” to prescribed bridges and tunnels as well as all “main roads”, with a max penalty of $22,000, or two years in jail, or both.

NSWCCL said protest is a “fundamental democratic right” that allows us to “express our views, shape our societies and press for social change”.

The NSW Government confirmed this afternoon that there will be a public review into the state’s anti-protest laws after overwhelming public pressure.

This comes after 37 organisations and over 1000 individuals signed an open letter and petition demanding the review, and for it to be conducted transparently with the opportunity for public scrutiny.

In 2022, the NSW Government passed legislation to prevent protesting on major roads, bridges, tunnels, public transport and infrastructure facilities. This amended section 144G the Roads Act 1993 which criminalises serious disruption by entering, remaining on or trespassing on prescribed major bridges and tunnels, to include all main roads.

The first of April marked the two-year anniversary of the NSW government’s draconian antiprotest regime, which has effectively stamped out unsanctioned civil disobedience actions that cause public disruptions in order to raise public awareness to drastic issues not being addressed by government.

Two years on from this a coalition of civil society groups led by the NSW Council for Civil Liberties has formed, calling on NSW premier Chris Minns for a transparent review of these laws. The coalition includes Australian Democracy Network, Redfern Legal Centre, National Justice Project, Wage Peace, Australian Lawyers for Human Rights, the Australian Palestine Network, the Maritime Union of Australia, APAN and the Socialist Alliance, along.

With a review of the 2022 anti-protest laws currently in progress, the NSW Council for Civil Liberties is urging the NSW Labor government to incorporate public submissions into the process and ensure it is conducted with transparency.

NSWCCL have stated: "The right to protest is a fundamental democratic right that allows us to express our views, shape our societies, and press for social change. In NSW, and nationally across Australia, it is under attack"

The NSW Council for Civil Liberties (NSWCCL) strongly condemns the recent remarks made by the Leader of the Opposition, Peter Dutton, linking a pro-Palestine protest to the tragic events of the Port Arthur massacre. Such statements not only lack factual basis but also dangerously conflate unrelated issues, leading to misinformation and unwarranted associations.

Today, the NSW Council for Civil Liberties is appearing before the NSW Electoral Matters committee to call on the Committee to recommend that the current restrictions on prisoners right to vote in the NSW Electoral Act be removed.

The Council strongly believes that any exclusion of a person’s right to vote is a grave curtailing of the right to participate in a healthy democracy. This has a de-facto consequence of creating “tiers of citizenship” and does little to assist in the rehabilitation of incarcerated people when they have served their time.

The Council is also concerned about the disproportionate impact that the current restrictions on prisoners’ right to vote has on First Nations communities.

The right to protest is a fundamental democratic right that allows us to express our views, shape our societies, and press for social change. In NSW and nationally across Australia, it is under attack.

In April 2022, the NSW Parliament passed legislation to prevent ‘illegal protesting’ on major roads, bridges, tunnels, public transport and infrastructure facilities. The new legislation amends section 144G the Roads Act 1993 which criminalises causing serious disruption by entering, remaining on or trespassing on prescribed major bridges and tunnels, to now include all “main roads”. Offences carry a maximum penalty of $22,000 or two years in gaol, or both.

The legislated review of the undemocratic “anti-protest” law is scheduled to take place after 1 April 2024 and will be carried out by the Department of Roads and the Attorney-General’s Department - the NSW Government has so far refused to commit to the review being open to the public and transparent. The right to protest cannot and should not be scheduled merely for a “departmental” review. 

The diversity of the organisations that have signed the open letter is significant. It evidences the grave concerns that are held by civil society organisations, unions, faith bodies, environmental and human rights organisations.

READ our open letter HERE.

READ our petition HERE.

The NSW Council for Civil Liberties has joined forces with 40 other advocacy and civil society organisations to send an open letter to Premier Chris Minns MP, demanding that he respect democratic process and conduct a public inquiry in the draconian NSW Anti-Protest Laws. Sign our Petition calling for an open and transarent reivew of these laws here.

To Premier Chris Minns, Attorney General Michael Daley and the Hon. John Graham:

We the undersigned call on you to address the vital issue of protecting the right to protest in our state. The right to protest is a fundamental democratic right that allows us to express our views, shape our societies, and press for social change. In NSW and nationally across Australia, it is under attack.

Two years on from the introduction of the draconian 2022 anti-protest laws, these laws are creating a chilling effect on civil movements and social progress. The barriers for a diverse range of groups to participate in protest action have been raised to an unattainable height due to risk of police interaction and escalated police violence, especially for groups such as First Nations people and individuals on temporary visas.

The review of these laws is scheduled to take place after 1 April 2024 and will be carried out by the Department of Roads and the Attorney-General’s Department. We call for the repeal of these anti-democratic laws - barring repeal, we call on you to ensure that this review will seek public submissions and be undertaken in a clear and transparent manner.

It is essential that members of the community, civil society organisations, legal experts, protesters and protest movements and other stakeholders are given the opportunity to publicly explain the grassroots impacts of these laws. We call on the government to commit to introducing a community consultation component into the statutory review of the 2022 amendments.

We would appreciate the opportunity to meet with you regarding the conduct of the legislative review and the opportunity for community consultation on the issue.

Signed,

In April 2022, the NSW Parliament passed legislation to prevent ‘illegal protesting’ on major roads, bridges, tunnels, public transport and infrastructure facilities. The new legislation amends section 144G the Roads Act 1993 which criminalises causing serious disruption by entering, remaining on or trespassing on prescribed major bridges and tunnels, to now include all “main roads”. Offences carry a maximum penalty of $22,000 or two years in gaol, or both.

NSWCCL condemns these legislative changes in totality. Protest should not be confined to back roads.  We especially condemn the lack of proportionality of the punishment that can be imposed for offences committed by protesters. 

The review of these laws is scheduled to take place after 1 April 2024 and should consider the views of all stakelholders and community. Join us in the call for an open and transparent review!

Recently 19 individuals were arrested by police at Port Botany during a protest against the arrival of an Israeli cargo vessel responsible for transporting weaponry and resources for the Australian defense force. This protest was organised by the Palestine Justice Movement and Trade Unionists for Palestine. There were hundreds in attendance at the protest on Sunday evening, which finished with a march towards the primary access point on Penrhyn Road.

According to NSW Police, the protest was unauthorised, and some individuals disregarded police instructions.

The 19 individuals arrested were transported to Surry Hills Police Station and subsequently charged with offenses including obstructing roads or paths, failure to comply with police orders, and and remaining “near or on [a] major facility causing serious disruption”.

Those arrested were served court attendance notices to appear at Downing Centre Local Court in early May.

We are witnessing the largest Anti-War protest movement in Australia since the Vietnam War in response to the genocide occurring in Palestine.

The Council are aware that New South Wales police have arrested three protestors on Saturday 23 March 2024 at the Sydney protest, allegedly as a result of being unintentionally sprayed with drops of red dye as part of a “die in” at the front of the march.

We are also aware that New South Wales police arrested approximately seventeen protestors at the Port Botany protest late last night on Sunday 24 March 2024 and Legal Observers New South Wales are reporting that several police officers were allegedly wearing an “Australian flag patch with a thin blue line through it” that has been associated with right wing extremism.

The recent reports of the Australian government cancelling Australian visas of Palestinians fleeing Gaza mid flight has sparked calls for transparency.

Figures from the Department of Home Affairs show that the Australian government granted 2,273 temporary (subclass 600) visas for Palestinians with family in Australia between October 7 and February 6 this year. But there are reports of Palestinians having their visas cancelled mid flight or upon arrival to the airport. The reasons for the callelations are currently unclear. 

Since the beginning of the Israel Palestine conflict more that 31,000 Palestinians have been killed. Visa cancellations have left Palestinians stranded.

There is an injured 23-year-old man stuck in an Istanbul airport after his visa was cancelled en route to Australia. He cannot return to Egypt or leave the airport without a valid visa.