New South Wales Law Reform Commission: Review of Guardianship Act 1987
We acknowledge that persons without decision-making abilities, or a limitation thereof, are
vulnerable members of society, and such persons should be supported to make decisions
concerning crucial aspects of their lives in order to be afforded an opportunity to live as
comfortably and freely as others. Hence, insofar as the draft proposals of the New South
Wales Law Reform Commission (‘NSWLRC’) on its review of the Guardianship Act 1987
(NSW) promote these individuals’ civil liberties in both the public and private domains, we
support the proposed changes to the current arrangements existing under the Guardianship
Act 1987 (NSW).
Overall, we strongly endorse the NSWLRC’s draft proposals because we believe that the new
framework, as contemplated by the Assisted Decision-Making Act, better protects and
promotes the civil liberties of persons affected than the schemes supported by the
Guardianship Act 1987 (NSW). As a result, this submission will be limited to only those
aspects of the NSWLRC’s draft proposals which could be improved to better protect civil
liberties of the persons affected.
"The moment they choose to ignore those rules, their civil liberties go out the door."
This attitude is plain wrong. The consequence of this attitude is that 2 Australian citizens were wrongfully detained because of immigration failures:
We are all entitled to civil liberties, even when we do the wrong thing.
On Thursday (25/1/18) the Australian Fair Work Commission found the planned 24 hour strike and a ban on overtime by the Rail, Tram and Bus Union to be 'unlawful'. The decision to take strike action came after a lengthy period of negotiation with the employer in support of a pay and conditions claim, had failed to deliver an acceptable outcome.
Given the disturbing stagnation in workers’ wages in recent years, NSWCCL accepts that the Union's claim is justified and that this dispute will continue until satisfactorily resolved. Our main civil liberties concern is, however, the apparent broader implication of the judgement.
On face value-noting that more detailed reasons for the decision are yet to come from the Commission – the terms of the judgement appear to render future lawful strike action relating to major service delivery almost impossible.
The Commission found that the overtime ban and the proposed strike, separately and together, ‘threatens to endanger the welfare of a part of the population’ and ‘the industrial action threatens to cause significant damage to the economy of Sydney – the largest and most economically important city in Australia.’
The Commission’s ban is in force for 6 weeks. Hopefully in that period the Government might be more open to responding fairly to the Union’s claims. Otherwise, it is difficult to see – given the wording of the decision – that any future proposed strike by the union at a later date could be deemed lawful. (Or overtime ban, given that the actions were deemed separately certain to cause the specified harms).
The right to strike is a fundamental civil liberty and human right. This decision imposes unacceptable restrictions on the right of workers to withhold their labour to negotiate terms and conditions of their employment, without an agreement of just terms between the parties.
If the Fair Work Act allows this finding it should be amended.
NSWCCL has issued a public statement expressing its concern in relation to this decision.
This Bill will not deliver the reform to electoral funding that is urgently needed in Australia. It will however, deliver a devastating blow to civil society’s capacity to participate in political advocacy and to the broad freedom of political communication.
NSW Council for Civil Liberties president Stephen Blanks said he was concerned about the possibility of "function creep" with more and more law enforcement agencies pushing to use secret warrants.
"It's always disturbing when powers are given to agencies for terrorism, then another agency says they would like to use those for something else," he said.
"That is a problem with not drawing a line in the sand that says some powers are just too dangerous to be given to government agencies."
Source: Australian Financial Review
It is the latest way facial recognition technology is becoming part of day-to-day life - a move that has cybersecurity and privacy experts worried.
Stephen Blanks, from the NSW Council of Civil Liberties, says customers need to be wary about handing over their data.
"People have to understand that the data which is collected this way has potentially multiple and very valuable uses to the collector," Mr Blanks said.
He says the law is struggling to keep up with the fast developing technology, calling for better consumer protections.
This week, Aboriginal man, Eric Whittaker died in a Sydney hospital while in police custody. As he lay bedridden, he was placed in leg chains by police. This was the scene that greeted Mr Whittaker’s grieving relatives who came to visit their loved one during his final hours. The family were understandably appalled and insulted by this final indignity. The NSW CCL stands united with the family of the deceased in its condemnation of this corporal treatment which is vividly reminiscent of 19th Century colonial policing practice in this country.
The incident follows recent revelations that Aboriginal children were regularly restrained in the Northern Territory’s notorious, Don Dale Juvenile Centre, by the use of chemical injections. Referred to by prison authorities as, the ‘settlement needle’, the use of these restraints against children has been linked to developmental difficulties in children, including poor cognitive and neurological functioning and hormonal imbalances. A further side effect is suicidal ideation. Given existing rates of youth suicide in Aboriginal communities, the use of these chemicals against Aboriginal people, (against their will) is alarming to say the least. The NSW CCL condemns this practice.
Accordingly, the NSWCCL calls on both the NSW Police and the Northern Territory Department of Correctional Services to cease these damaging practices of corporal restraint against Aboriginal people immediately.
NSW Council for Civil Liberties
4 December 2017
Stephen Blanks – 0414 448 654 - President
The New South Wales Council for Civil Liberties (NSWCCL) welcomes the findings of the Coroner into historic and ongoing police attitudes to LGBTIQ hate crimes and calls upon the NSW Police to implement the coronial recommendations wholly and completely. The Coroner today delivered findings from the third inquest into the death of Scott Johnson.
NSWCCL President Stephan Blanks said "this is a momentous occasion which provides closure for the families and communities that were affected by these poorly investigated crimes".
NSWCCL Vice President Josh Pallas said "recently there have been findings made by this Coronial Inquest and the Royal Commission into child sexual abuse which show that the NSW Police fails specific groups of society which require protection from targeted abuse and violence.”
NSWCCL Vice President Josh Pallas says that he “acknowledges the improvements made by NSW Police on LGBTIQ issues, especially with the establishments of the GLLOs, but these findings show that there is still much more to be done to ensure that LGBTIQ persons feel safe and trust the NSW Police to investigate hate crimes against them.
Josh Pallas - 0458 605 281 – Vice President
Stephen Blanks – 0414 448 654 - President
Submission to NSW Joint Legislation Review Committee inquiry into Legislation Review Act - November 2017
The Legislation Review Committee (LRC) was created as an alternative to the adoption of a Bill of Rights for New South Wales. It has not functioned well, and is no substitute for such a bill.
The Legislation Review Committee (LRC) was created as an alternative to the adoption of a
Bill of Rights for New South Wales. It has not functioned well, and is no substitute for such a