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AAP: Knife attacks spark interstate search for law solutions

Police could be able to stop and search people for a weapon without reasonable suspicion or a warrant under laws being considered by the NSW government.

NSWCCL does not support giving police more powers. We believe this would amount to nothing more than a "knee-jerk response to a series of violent and distressing but isolated incidents".

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Sydney Criminal Lawyers: Former NSW DPP Nicholas Cowdery Calls on NSW Government to Reform Drug Laws

“We should all be accustomed by now to government promises – before and after elections – being broken or modified and this seems to be just another example,” former NSW Director of Public Prosecutions Nicolas Cowdery said, regarding the go-slow on promised state drug law reform.

“Last year, I was assured by a very senior member of the government that a drug summit would be held in February 2024,” this state’s longest serving DPP continued. “Now there are rumours of October 2024. I have also heard it said that this may be a second term commitment.”

NSW Premier Chris Minns won the March 2023 state election with a platform that included drug law reform, to be initiated through a NSW drug summit.

This approach follows a successful precedent set by the Carr Labor government's 1999 NSW Drug Summit, which was considered groundbreaking for its outcomes.

Since 2018, the push for drug law reform has been prominent, driven by several drug-related deaths at festivals, a methamphetamine crisis, significant inquiries such as the Special Commission into Ice, and a global consensus on the failure of the drug war.

Minns' pre-election commitments came as a logical response to public concerns. He not only vowed to convene the summit but also enthusiastically promised his fellow Labor MPs advocating for drug law reform that he would legalise cannabis.

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Deaths in Custody Tracker

Warning: this page contains reference to people who have died.
Last updated: 22 April 2024

There have now been at least 558 Indigenous deaths in custody since the findings of the Royal Commission into Aboriginal Deaths in Custody were handed down in 1991. 

It's time for the Australian Government to listen to repeated criticism from the UN and fully implement the Commission's recommendations. 

It's time for NSW to follow Victoria's lead in establishing a truth and justice process and a treaty process.

It's time to address issues with systemic police racism

It's time for the Uluru Statement, for constitutional recognition and a voice to parliament.

It's time to raise the age and it's time to change the record.

 

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Submission: Inquiry into Access to Australian Parliament House by Lobbyists

The NSW Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the Senate Finance and Public Administration Reference Committee about the Inquiry into access to Australian Parliament House by lobbyists.

 

Our full submission is below.

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The Australian: Labor for Refugees splits on ‘flawed’ migration laws

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.

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CityHub: Civil liberties council advocates for NSW prisoners’ right to vote

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.

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ABC: Parents of teen who died by stabbing in 2019 push for 'wanding' laws to be introduced in NSW

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.

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Media Statement: NSW Police should not dictate NSW Government Policy

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.

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Submission: Administrative Review Tribunal Bill 2023 [Provisions] and Related Bills

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.

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Submission: Your Say on Outdoor Alcohol Restrictions

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.

Our full submission is below. 

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Sydney Criminal Lawyers: NSW Should Extend Voting Rights to All Inmates to Better Serve the Community

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.

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The Project: Do search laws in NSW need to change?

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

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Submission: Migration Amendment (Removal and Other Measures) Bill 2024

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.

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Submission: COVID 19 Royal Commission

The NSW Council for Civil Liberties (NSWCCL) has submitted a statement to the Senate Legal and Constitutional Affairs Committee regarding the proposed COVID-19 Royal Commission. We highlighted existing efforts by a three-member panel appointed in 2023 to inquire into the government's response to COVID-19 and emphasized the need to prevent duplicative work. We recommended considering alternative methods to address misinformation without the need for a Royal Commission.

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GreenLeft: Human rights, union and environment groups call for anti-protest law repeal

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”.

 

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CityHub: Government forced to conduct public review of NSW’s anti-protest laws

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.

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Sydney Criminal Lawyers: Civil Society Demands NSW Government Revoke Authoritarian Antiprotest Regime

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.

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Echo: Anti-protest laws under review

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"

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Media Statement: The Council cautions politicians against using language that seeks to divide

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.

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Media Release: NSWCCL calls on the State Government to enable prisoner voting rights

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.

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