In this issue:
- Message from the Secretary
- Racial vilification legislation
- Independent monitor of counter-terrorism laws abolished
- Senate election reform
- Telecommunications interception and access
- Police powers - safeguard weakened
- Mandatory minimum sentencing
- Independence of attorney general and police ministries
- Racial vilification report deferred
- Police consorting law reform
- Oversight of police critical incidents
Attorney-General George Brandis has delivered a press conference introducing the National Security Legislation Amendment Bill (No. 1) 2014, which seeks to expand the powers of Australian intelligence agencies. NSWCCL has compiled a list of comments in response to the matters addressed by the Attorney-General at the press conference.
It is disappointing to see the Commissioner of Police's comments in the Sydney Morning Herald this morning defending warrantless access to databases containing personal information. The police are opportunistically taking advantage of the proliferation of electronic databases which do not have strong privacy policies to protect members of the community against inappropriate release of their personal information. In the absence of strong data protection laws and personal privacy protection, the only protection the public can get is through privacy policies which require law enforcement agencies to obtain warrants from an independent judge or magistrate before personal information is released.
Public statement from The NSW Council for Civil Liberties, Liberty Victoria, The Queensland Council for Civil Liberties, The SA Council for Civil Liberties, Civil Liberties Australia
Civil Liberties Councils across Australia urge the Government- and failing that- the Australian
Parliament to ensure that the foreshadowed national security legislation is subject to proper scrutiny
and not rushed through parliament next week-as some media suggest is the Government’s intention.
The, as yet unseen, legislation will implement most of the 22 recommendations from chapter 4 of
the Parliamentary Joint Committee on Intelligence and Surveillance (PJCIS) report.
This is important legislation with significant implications for national security and for the workings of
our democracy. It is of fundamental importance that we get the balance right in this area.
Members of Parliament and the Australian public must have the time to consider and take advice
on these national security proposals before they are enacted into law.
Parliament must be certain the new laws are necessary, that they include strong protections for privacy and effective independent oversight of the use of these new powers by the intelligence agencies.
The Government should abide by the recommendations of the PJCIS and:
- release the proposals as an exposure draft bill for public consultation
- refer the draft legislation for review by an appropriate parliamentary committee (the CCLs consider the PJCIS most appropriate)
Following several weeks of ill-informed media agitation led by the DT criticising the release on bail of several persons charged with serious crimes, Premier Baird has set up a hasty review of the new bail law which has been in operation for only one month.
This is a distressing development. There is no reason for a review at this time. The bail law reforms implemented in 2013 by the current Government were moderate and ‘supported by the overwhelming majority of submissions to the Law Reform Commission’s review of bail, including the Office of the Director of Public Prosecutions, Police and Legal Aid NSW." (Premier Baird launching the Hatzistergos review SMH 27/6/1).
Nothing extraordinary has happened. Numbers of legal experts have noted that it would have been possible for the persons generating the controversy to have been released under the old bail laws.
The trend data for any sensible review is not available and not much will be by the end of July when Mr Hatzistergos has to provide an interim report.
On the broader scale this is another depressing manifestation of the destructive dynamic of the law and order auction syndrome that bedevils state politics.Read more
The operation of ID scanners to collect and store the personal information of all patron's will begin this week at a number of 'high-risk' venues in Kings Cross. This data collection scheme raises concerns over privacy and security, such as the possibility for unauthorised access or the inappropriate usage of individuals' personal data. NSWCCL President Stephen Blanks has commented recently in the media on this issue, visit the links below for coverage.
The new Attorney General Brad Hazzard has disappointed many with his unexplained deferral of the NSW Government’s response to the important and –in the current context- highly significant report of the standing committee on law and justice into NSW racial vilification laws. This was given to the Government in December 2013 and its response has been awaited for some time.
The committee had been asked by the Government to inquire into whether Section 20D of the NSW Anti-Discrimination Act which created the offence of serious racial vilification was effective and if it established a realistic test, in line with community expectations, for the offence of racial vilification. It was also asked to advise on any improvements to Section 20D ‘having regard to the continued importance of freedom of speech”.
There was no radical shift proposed by the report. The committee unanimously made a number of modest recommendations for improvements mainly focussed on removing ‘procedural impediments’ to successful criminal prosecution for serious racial vilification. The absence of any successful criminal prosecutions under the Act had been cited by the then Premier Barrie O’Farrell as the main driver for the inquiry.Read more
Legislation amending police powers and responsibilities and related citizens' protections was introduced into the nsw parliament in late may through the Law Enforcement (Powers and Responsibilities) Amendment Bill 2014. Many of the changes were about clarification of the law or improvements in operational efficiency for police with no negative impact on citizens' rights and protections. NSWCCL supported these. However, some of the changes were less justifiable and had more worrying implications.
Our most urgent concern was in relation to the weakening of the current requirement that police must identify themselves when exercising their powers (eg arrest or move on) otherwise their exercise of the power is unlawful. The bill seeks to repeal the consequences provision. Failure to identify oneself when making an arrest or exercising other law enforcement powers will not render the exercise of the power unlawful. This is a dangerous amendment as it removes what has been a powerful incentive for police to abide by this important safeguard and accountability requirement that they give their name and place of work when exercising their considerable powers over community members.Read more
Amnesty invited a panel of experts to the Wesley Theatre on 7 May 14 to address two important questions:
What is the impact of Australia’s current approach on asylum seekers? and
What are the legal implications on an international scale? And what could we be doing instead?
Jo Murphy from the NSWCCL addressed the effect of the punitive government policies on the rights and lives of the 40,000 odd asylum seekers currently living in the Australian community.Read more