NSWCCL News

Submission: Free and Equal, a conversation on human rights

NSWCCL has endorsed the Human Rights for NSW Alliance's submission to the Australian Human Rights Commission's national conversation on human rights in Australia - Free and Equal. The submission makes a number of recommendations and builds the case for a Human Rights Act in NSW. 

NSWCCL is a founding member of Human Rights for NSW Alliance. Human Rights for NSW is an alliance of community, legal, rights-based and civil society organisations campaigning to ensure that the human rights of NSW citizens are expressed and guaranteed by law so we are all treated fairly, and with dignity, equality and respect.

This submission is endorsed by 33 member organisations, including Australian Lawyers for Human Rights, Human Rights Law Centre, Community Legal Centres NSW, Public Interest Advocacy Centre, Aboriginal Legal Service NSW/ACT and the NSW Bar Association. 

Everyone in NSW deserves to be treated fairly and equally. NSWCCL supports the campaign for a Human Rights Act for NSW.

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NSW mobile phone detection bill seriously flawed

A NSW Parliamentary Committee has recommended the Legislative Council should proceed to consider the Transport Amendment (Mobile Phone Detection) Bill 2019, including any amendments in relation to the reverse onus of proof, the use of artificial intelligence and privacy.

NSWCCL agrees strongly that mobile phone use whilst driving is a serious issue which needs to be addressed to protect the safety of the community.

We do not, however, support this Bill on the basis that it unjustifiably reverses the onus of proof and fails to provide adequate protections to assure the public that the information captured by the cameras is used for the sole purpose of prosecuting mobile phone offences.

NSWCCL also has concerns about the inherent risks of using AI to identify criminal behaviour given the lack of transparency as to the underpinning algorithms driving the assessment.

We welcome the Committee’s recognition of these concerns in their report and single recommendation.

The Bill should be amended significantly to address these problems before the Legislative Council approves it.                                                   

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Review: 2019 Annual General Meeting

The 56th Annual General Meeting of the New South Wales Council for Civil Liberties (NSWCCL) was held at the Sydney Town Hall Council Chamber, George Street Sydney on Wednesday 23rd October.

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2019 AGM Policy Proposal - Press Freedom & Whistle Blowers

Press Freedom and Whistleblowers

Policy motion considered at the NSWCCL 2019 Annual General Meeting, 23rd October 2019

NSWCCL has for many years defended the rights of a free and uncensored press to ensure the public is sufficiently informed and able to hold those in power to account.

We support the statements of Ita Buttrose at our 2019 annual dinner that there are storm clouds gathering around the ways that information is controlled. Whistleblowers who bring stories to light must not be subjected to a public show of prosecution under the guise of national security, or be censored because their story may cause embarrassment or cost to those in power.

We believe that whistleblowers are not adequately protected in Australia. Particularly in the absence of a bill or charter of rights, specific protection should be enacted.

 

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2019 AGM Policy Proposal - Religious Discrimination Bill

Religious Discrimination Bill 2019

Policy motion considered at the NSWCCL 2019 Annual General Meeting, 23rd October 2019

NSWCCL cannot support the Religious Discrimination Bill (the Bill) as currently drafted. It has too many negative aspects which will undermine current anti-discrimination protections and it fails to address pressing issues. NSWCCL strongly opposes the privileging of religious freedoms over other rights.

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Submission: Religious Discrimination Bills 2019

NSWCCL opposes many aspects of the proposed Religious Discrimination Bill, most significantly the over-privileging of religious rights in relation to all other rights.  It has too many negative aspects which will undermine current anti-discrimination protections, and in its present form, the Bill fails to address pressing issues.

It is clearly important for Australia’s discrimination laws to work cohesively together and for no one right to be automatically privileged over another/others.  The protection and balancing of human rights would be greatly assisted by the adoption of an Australian Charter of Human Rights and by a review of Australia’s state and federal human rights laws to ensure the appropriate coherence and consistency. The current Review by the Australian Law Reform Commission into The Framework of Religious Exemptions in Anti-Discrimination Legislation will contribute to this from the perspective of religious rights - but the broader exercise is necessary.

One of the major disappointments with this Bill is the failure to include much needed and explicitly promised protections for LGBTQI+ students in religious and private schools. This Bill has been hastily drawn up in advance of the report from the inquiry into The Framework of Religious Exemptions in Anti-Discrimination Legislation under way by the ALRC,  but one of the most urgent and disturbing manifestations of inappropriate religious exemptions for otherwise unlawful discriminatory acts against children has deliberately not been addressed in the Bill and instead left to the ALRC review. Simultaneously the reporting date for the ALRC review has been pushed back to December 2020.

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Submission: Health Legislation Amendment (Data Matching) Bill 2019

The New South Wales Council of Civil Liberties (NSWCCL) welcomes the opportunity to make submissions to the Department of Health on the Health Legislation Amendment (Data- matching) Bill 2019 (Bill) and the Health Legislation Amendment (Permitted Information Disclosure) Regulations 2019.

NSWCCL supports the integrity of the Medicare health payments system provided that appropriate safeguards are in place to protect sensitive information and the privacy of Australians is respected.

NSWCCL objects to the sharing of sensitive health information with other Commonwealth entities and opposes the Bill in its current form. NSWCCL has a number of recommendations detailed in this submission. 

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Bail conditions imposed on Sydney climate change activists a step too far

'Absurd' bail conditions prevent Extinction Rebellion protesters 'going near' other members

Civil liberties groups say bail conditions imposed on Sydney climate change activists are usually reserved for bikie gang members

Climate change protesters arrested for obstructing traffic have been given “absurd” bail conditions that ban them from “going near” or contacting members of 'Extinction Rebellion', which civil liberties groups say infringes on freedom of political communication. Some of those arrested were given a “wild” set of bail conditions that banned them from coming within 2km of the Sydney CBD or associating with Extinction Rebellion events.

“[You are] not to go near, or contact or try to go near or contact (except through a legal representative) any members of the group ‘Extinction Rebellion’,” the conditions say. “[You are] not to enter the Sydney City CBD or not go within 2km radius of the Sydney Town Hall.”

The president of the NSW Council for Civil Liberties, Pauline Wright, labelled the conditions “patently unreasonable”, “absurd” and likely unlawful under the constitution. She said the ban was so broad and unclear it would affect thousands of people.

Where there is a legitimate political issue such as seeking action on climate change, protesters shouldn’t be seen to be forfeiting their democratic rights including freedom of association, freedom of movement and the implied right to freedom of political expression.”

- NSWCCL President, Pauline Wright.

Read the full article in The Guardian.

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Submission: Right to Farm Bill 2019

CCL is concerned by what would appear to be a crackdownagainst free speech and basic principles of democratic governance.

The proposed legislation is draconian and disproportionate and might be said to infringe at least two of the four core principles of criminal law

  • that the criminal law should only be used to censure people who have committed substantial wrongdoing, and
  • that laws be enforced with respect for proportionality.

This bill appears to be designed to discourage lawful demonstrations and protest contrary to the implied constitutional right to peaceful protest and its constitutionality is for that reason questionable.

NSW Council for Civil Liberties (CCL) joins with a number of other civil society organisations including unions, environment groups and civil liberties advocates in making the additional submission (set out in Annexure A).

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Civil Source October 2019

October 2019 Newsletter

In this issue -

  • Decriminalisation of Abortion in NSW
  • 2019 Annual Dinner
  • Inaugural Awards for Excellence in Civil Liberties Journalism
  • Action on Climate
  • NSWCCL Annual General Meeting
  • In the media

Read/Download the October Issue (PDF) HERE

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