The hate speech laws in NSW are set for a revision to address concerns about the rising threats of violence amid ongoing tensions related to the Gaza conflict. The current legislation, which criminalizes public threats or incitement of violence based on factors such as race, religion, or sexual orientation, is deemed ineffective in deterring such behavior, according to the state government.

On Tuesday, the Labor party introduced a bill to parliament aiming to eliminate a procedural hurdle in the criminal sanctions. Currently, the Director of Public Prosecutions must approve a case before it can proceed. The proposed changes seek to empower NSW Police to independently prosecute the offense without requiring additional approval. Individuals found guilty of this crime could face a maximum penalty of up to three years imprisonment and an $11,000 fine. 

The Maritime Union of Australia Sydney Branch is aware of the wilful complicity of the corporate mass media and conservative politicians – both within the Coalition and the ALP – in attacking the motives and actions of peaceful demonstrators who have been campaigning for justice, peace and a ceasefire in Israel and Palestine over many weeks.

For more than a month now this has taken the form of suggesting through thinly veiled subtext that anyone supporting the plight of murdered, injured and displaced Palestinians is somehow deserving of condemnation.

The NSW Council for Civil Liberties stands with High School students who plan to strike on Friday 24 November.

The extraordinary criticism of High School students and University students engaging in their democratic right to build peaceful coalitions and movements of young people does not detract from the fact that students have a right to engage in protests. The CCL affirms the rights of the public, especially young people, to exercise their right to protest free from political intimidation and criticism.

We are deeply concerned that the Minns Labor Government has signalled their intention to remove the Director of Public Prosecution (“the DPP”) as a safeguard to prosecuting individuals pursuant to section 93Z of the Crimes Act 1900 in response to lobbyists from faith-based organisations.

We stand by our previous statements regarding the right for all Australians to enjoy their religious freedoms, as well as their right to not hold any religious beliefs at all.

NSW Council for Civil Liberties, Human Rights Law Centre and Australian Democracy Network
are deeply concerned about the heavy-handed police repression of a peaceful protest near
Port Botany yesterday evening.

The protest, organised by Unionists for Palestine, consisted of a group of about 400, with
children and elderly people in attendance, making speeches and marching. Police did not allow
the protest to march on the road and instead directed it onto a roadside path leading to Sirius
Rd near the entrance of Port Botany. No vehicles were attempting to enter via this road during
this time.

When the protest paused near this driveway and protestors were peacefully sitting on the
ground, police issued move on orders and began arresting attendees. Legal observers and
others on the scene did not witness a reason being given for the move on orders.

NSW Council for Civil Liberties was born out of a protest movement in 1963 and we continue to honour the legacy of the Council’s members who fought against police brutality and for equal rights. Our proud history is built around grassroots action.

Today, we proudly stand beside over sixty civil liberty and human rights organisations that have endorsed the “Declaration of our Right to Protest” which has been developed by the Human Rights Law Centre and in consultation with activists and advocates from around the country.

Sign the petition here.

This week the NSW government revealed its consideration of a revision to hate speech laws. The existing criminalization of hate speech, implemented in 2018, has not led to a single conviction, which Premier Chris Minns sees it as a flaw in the legislation.

The issue of hate speech has gained prominence in recent weeks due to the aftermath of the extensive massacre of over 11,000 Palestinians in Gaza by the Israeli state. The Israeli government's intentions have been condemned, while Western allies observe without intervention.

This concern was brought to light when an antisemitic chant briefly broke out during a pro-Palestinian rally at the Sydney Opera House on October 9. The rally aimed to protest the premier's decision to project the Israeli flag onto the building in commemoration of the October 7 killing of over 1,300 Israelis by Hamas.

The NSW Council for Civil Liberties has made a submission to the Duty of Care Bill (Climate Change Amendment - Duty of Care and Intergenerational Climate Equity Bill 2023) inquiry.

Australia’s climate change framework currently leaves the Commonwealth unable to properly manage the development of emissions intensive activities. We need decision makers to be compelled to consider the health and wellbeing of current and future children when determining what is acceptable.

We are making our submissions on this Bill on the same day as the “School Students 4 Climate Strike” and are proud to endorse and support the voices of young people on this issue. The Council supports this Bill, and we urge the Commonwealth Government to support it as well.

The NSW Council for Civil Liberties has made a submission to the Duty of Care Bill (Climate Change Amendment - Duty of Care and Intergenerational Climate Equity Bill 2023) inquiry.

Australia’s climate change framework currently leaves the Commonwealth unable to properly manage the development of emissions intensive activities. We need decision makers to be compelled to consider the health and wellbeing of current and future children when determining what is acceptable.

We are making our submissions on this Bill on the same day as the “School Students 4 Climate Strike” and are proud to endorse and support the voices of young people on this issue. The Council supports this Bill, and we urge the Commonwealth Government to support it as well.

The NSW Government has recently implemented new legislation that prohibits the act of vilification based on religious belief, affiliation, or activity. The Anti-Discrimination Amendment Act 2023 amends the Anti-Discrimination Act 1977, making it illegal to, through a public act, incite hatred, serious contempt, or severe ridicule towards an individual or group due to their religious beliefs, affiliation, or activities.

The term 'public act' encompasses any form of verbal and non-verbal public communication or conduct.

These amendments complement the existing laws that already prohibit vilification based on race, homosexuality, transgender status, and HIV/AIDS status.

The Hon Anthony Albanese MP
Prime Minister
Parliament House
CANBERRA ACT 2600

16 November 2023

Dear Prime Minister,

We write as Presidents of Australia’s leading, membership based human rights and civil society organisations, about the unfolding humanitarian catastrophe in Gaza. We are non-political, non-religious and non-sectarian.

Since October 7, 2023, Australians have witnessed over 12,520 people die in the ongoing conflict in Palestine (including the Israeli civilians), with approximately 11,320 of these deaths caused by Israel’s military operation in Gaza. Alarmingly, an estimated 40% of these deaths have been children.

There is no safe place for children in Gaza to seek shelter. Schools, refugee camps, places of worship and hospitals have been hit by bombs. Thousands of children remain missing as entire neighbourhoods have been destroyed. The number of child deaths have exceeded the number of children who have died in all global conflict zones since 2019. 

"My name is David McBride. I am facing 50 years in prison for blowing the whistle on the Australian Defence Force's unethical, harmful and highly politicised leadership which fostered a culture of impunity in Afghanistan."

David McBride is in court this week. McBride served two tours in Afghanistan as a military lawyer, in 2011 and 2013. When he became aware of serious, systemic issues within the Australian Defence Force, he spoke up internally, and then to the police, and then to the minister. Finally, he went to the media, becoming the source for the ABC’s Afghan Files reporting. Both McBride and the ABC were completley vindicated in November 2020 by the Brereton report which shone a damning spotlight on allegations of horrific war crimes.

NSWCCL has repeatedly called on the attorney general to use his extraordinary powers to intervene and end the prosecution. We are profoundly disappointed that the AG has determined that this prosecution is in the public interest. It is NOT. Whistleblowers who bring information 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. This case proves yet again that whistleblowers are not adequately protected in Australia. 

Tamsin Rose: A move to overhaul the law criminalising hate speech in New South Wales following clashes across Sydney amid community tensions over the Israel-Hamas war has sparked debate over the limits of freedom of speech.

The NSW premier, Chris Minns, this week ordered a review of the 2018 law that made it a crime to threaten or incite violence based on race, religion, sexual orientation or gender identity, because to date crimes under the laws had never been successfully prosecuted.

The NSW Council for Civil Liberties (NSWCCL) is concerned regarding media reports today that the Premier is moving to tighten the NSW Crimes Act seemingly in response to lobbyists from faith-based organisations.  

NSW Council for Civil Liberties welcomes the introduction today of the Clean Up Politics Act to improve the transparency and honesty in dealings between lobbyists and Government representatives.

The Clean Up Politics Act has been driven by the hard work and determination of Independent Member for Kooyong, Dr Monique Ryan. The Council thanks and acknowledges Dr Ryan’s consistent advocacy in this space.

The NSW Council for Civil Liberties has lodged a submission to the NSW Ombudsman with respect to the review of the Mandatory Disease testing Act 2021.

The Mandatory Disease Testing Act came into force in July 2022 and provides for mandatory testing of a person whose bodily fluid comes into contact with a health, emergency or public sector worker.

The making of a “mandatory order” compels a person to provide a blood sample, under the threat of prosecution for a failure to comply. If convicted, it carries a maximum penalty of twelve months imprisonment and/or a maximum fine of $10, 000.

Australian civil society statement in solidarity with Gaza

We, the undersigned, express our alarm about the unfolding crisis in Gaza.

Australia, and the whole international community, must immediately call for a ceasefire and for an end to the targeting of civilians in Gaza. 

We express our concern about all violations of international law. We mourn the killing of civilians, Palestinian and Israeli. 

Under international humanitarian law (the laws of war) parties to a conflict have a clear obligation to protect the lives of civilians. Israel’s attacks on Gaza as well as their complete blockade of Gaza are clearly in breach of international law.

Ludovico Fabiano, a deputy mayor representing Waverley Council, home to one of Australia's largest Jewish populations, has been sacked after backing a move to condemn Israel's bombing of Gaza.

Recently, Waverley Council voted on a motion to condemn the attack on Israeli civilians by Hamas and give $10,000 to Jewish community organisations in their area. Ludovico Fabiano attempted to amend a motion about the Israel-Gaza conflict to call out "war crimes" by Israel but was voted out of his position during a public meeting on Thursday evening.