CCL's give testimony at Joint Committee inquiry into National Security Legislation Amendment Bill (No. 1) 2014
NSWCCL Secretary Dr Lesley Lynch and Civil Liberties Australia CEO William Rowlings have given testimony on behalf of Australian Civil Liberties Councils at the Parliamentary Joint Committee on Intelligence and Security public hearing, following a recent joint submission by the councils regarding the National Security Legislation Amendment Bill (No. 1) 2014.
Dr Lynch raised a number of concerns with the bill, including the lack of evidence-based justification for some of the enhanced powers, lack of effective oversight, the startling degree of ambiguity and loose definitions throughout and also an apparent lack of consideration of longer term impacts of legislation introduced to allegedly address short-term terrorist threats but ultimately remaining for the longer term.
Joint submission to PJCIS inquiry into Counter-Terrorism Legislation Amendment Bill (No.1) 2014 - August 2014
NSWCCL has collaborated with other Australian civil liberties groups in making a submission to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014.
The CCLs accept that ASIO and other intelligence and security organisations must have the powers and resources necessary for the protection of national security including protection against the very real threat of terrorist activity in Australia- consistent with democratic values. However, where the proposed changes expand existing ASIO powers and/or weaken balancing safeguards and protections our endorsement is dependent upon persuasive evidence justifying such changes and clear demonstration that rights and liberties are not being unwarrantedly or disproportionately encroached upon
In our view, such persuasive evidence has not been provided to justify some of the new or enhanced security powers being proposed in this Bill.
Dr Lesley Lynch (NSWCCL Secretary) and Bill Rowlings (Civil Liberties Australia) gave testimony at the inquiry's public hearing on the 18th of August 2014. A supplementary submission was subsequently compiled offering more detailed comment regarding the discard of ministerial oversight of particular intelligence sharing between agencies
The Bail Act 2013 was a product of two years’ work by the Law Reform Commission and a team of experts. The Report was tabled in 2012. The Government then carefully considered it and in 2013 passed a new Act which did not merely rubber-stamp the LRC Report. The Act was passed unanimously – no politician, from any party, in either House, voted against it.
There was then a delay while the criminal justice agencies absorbed the changes, trained staff, prepared processes and documentation and got ready for implementation. A great deal of administrative work was done by Police, DPP, Legal Aid, Bar Association, Law Society, Courts, etc.
The Act came into force on 20 May 2014, with much fanfare from the Attorney General. Soon after there were three high profile cases of bail being granted (Hawi, Fesus and Ibrahim). The tabloid media agitated. The DPP appealed the Ibrahim matter and his bail was refused – the system was working as it was intended to. A reading of the judgments in the other two cases would show that principles were properly applied and the decisions were uncontroversial.
On 27 June 2014, just over five weeks after the Act came into effect and before any meaningful data had accumulated (as acknowledged by Mr Hatzistergos), the Premier announced a review, supposedly because the Act was not protecting the community as much as had been intended.
The review was done in just over four weeks by one person. His Report was published today (5 August 2014), a Bill is ready (implementing all the reviewer’s recommendations) and it will go to Parliament next week.
The Government has acted with indecent and unwise haste. There has been no consultation with anyone about the recommendations or the substance of the Bill.Read more
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.