NSWCCL News

NSWCCL recruiting policy lawyer

NSWCCL is looking for a person with legal qualifications to work with its executive and committee on priority civil liberties and human rights issues. Closing date for applications is Wednesday 25th April 2018.

This is a new position created to strengthen our capacity to respond to an increasing volume of challenges to civil liberties and rights in Australia. It will be an exciting and challenging position.

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Cycling is good for you so give bike sharing a chance

The heavy-handed ­response of the constabulary ­towards a collection of cyclists ­intending to pedal around Centennial Park with their hair in the wind last Sunday as a peaceful protest calling for reform to mandatory helmet laws marked another low point in the fraught relationship in Sydney between cyclists, drivers and the long arm of the law. Similar rides in other cities across Australia and New Zealand passed without incident. But in Sydney, police dispatched seven police cars to intercept and stop the planned “helmet optional” ride around the park’s Grand Drive cycle lane, threatening participants with $330 fines (among the highest anywhere in the world).

As the NSW Council for Civil Liberties pointed out, this action by police appeared grossly disproportionate to any conceivable safety concerns, a waste of public resources and fails to respect the fundamental right to peaceful protest in a democratic society.

 

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NSWCCL endorses Palm Sunday Rally

Join us in protest against the treatment of asylum seekers and refugees by Australia, both in the offshore detention centres of Nauru and Manus Island and on the Australian mainland. The NSWCCL Committee is formally endorsing this rally and will be showing our solidarity marching behind the NSWCCL banner. 

Conditions for the refugees and asylum seekers dumped on Manus Island and Nauru remain intolerable. Though some refugees have been resettled in third countries, others remain in limbo not knowing when or if they will be resettled.

There are around 30,000 refugees within Australia seeking asylum. At present, most will at best receive temporary protection visas, leaving them in fear of forced return to danger, and unable to reunite with their families.  

Find us gathered near the eastern stone wall, on the Elizabeth St side of Belmore Park, at 1:45 pm, Sunday 25 March. Look for the white banner of the NSW Council for Civil Liberties.

We look forward to marching together.

 

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Legislative assault on civil society and public political discourse

NSWCCL worked with other councils for civil liberties through January and February to respond to the large, complex and alarming Espionage and Foreign Intervention Bill 2017 and the related Electoral Funding and Disclosure Reform Bill 2017.

These Bills are part of a major package of proposed legislation relating to national security and foreign intervention which also included three other bills: the Foreign Influence Transparency Scheme Bill 2017, the Security of Critical Infrastructure Bill 2017 and the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017.

These Bills encompassed much beyond foreign intervention and national security. They also encompass an extraordinary multi-faceted attack on civil society’s right to participate in public political discourse.

This attack included a massive expansion of national secrecy laws capturing not just public officials but also any person who makes an unauthorized disclosure of information covered by these laws. Journalists rightly protested that the secrecy laws effectively criminalised every phase of journalists work.    Charities and independent advocacy bodies like GetUp were targeted so as to undermine their participation in public political discourse.  Many of the offences carry very serious penalties – in the case of general secrecy offences more than doubling current penalties.

The PM rightly described this package as ‘the most important overhaul of our counterintelligence legislative framework since the 1970s’. It was therefore a disgrace that we were only given a few weeks to comment on them. Strong protests from civil society groups eventually gained an extension into mid/late February.  

Few organisations were able to respond to all the Bills in this timeframe. NSWCCL in conjunction with the Joint CCLs prepared submissions on the large and important Espionage and Foreign Intervention Bill 2017 and the Electoral Funding and Disclosure Reform Bill. We failed to get in a submission on the equally alarming Foreign Influence Transparency Scheme Bill 2017.

The reaction from civil society and the media – and the Law Council of Australia (LCA) - has been ferocious. The Attorney-General Christian Porter responded with a package of amendments to alleviate the impact of the secrecy offences on journalists.

This was a smart and positive move by the AG. His proposed amendments to his own Bill were in line with recommendations made by civil society and the LCA – however they are a long way from solving the very problems with these Bills.

The Parliamentary Committee on intelligence and security will report on the most significant of these Bills in April.  In the interim NSWCCL will do what it can to persuade  Parliament not to pass these Bills - and certainly not in their current form.  

 

Dr Lesley Lynch

Vice-President NSWCCL 

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Concern regarding disproportionate police response to peaceful bicycle helmet protest

The NSW Council for Civil Liberties is concerned by the heavy handed response of the NSW Police to a peaceful protest on Saturday 17th March 2018 by people on bikes calling for reform to mandatory helmet laws.

While coordinated action in other cities across Australia and New Zealand passed without incident, in Sydney the police dispatched seven police cars to intercept and stop a planned "helmet optional" bike ride along the Grand Drive cycle lane in Centennial Park, threatening participants with $330 fines.

This action by police was grossly disproportionate to any conceivable safety concerns, a waste of public resources, and fails to respect the fundamental right to peaceful protest in a democratic society. Any fines issued during the protest should be immediately withdrawn.

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Supplementary Submission relating to AG’s amendments to National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 - March 2018

Having examined the AG’s amendments, the CCLs maintain their initial view that they are significant steps in the right direction and improve some of the most dangerous aspects of the Bill. However, we also maintain our view that the problems with the secrecy offences go beyond the issues identified by the AG

View supplementary submission

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Electoral funding bill - reform or suppression of civil society voices

NSWCCL recently joined with other CCLs to oppose the deeply disturbing Electoral Funding and Disclosure Reform Bill 2017.

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.  

In addition, it proposes a clumsy, heavy handed, costly and overly burdensome approach to regulation of the charity and political advocacy sectors. 

The stated objective

The Bill is part of the Government’s highly controversial package of proposed ‘national security and foreign intervention laws’ which the Prime Minister says are in response to ‘grave warnings’ about ‘unprecedented threats’ on this front.

The CCLs support the much needed reform of election funding at the national level. We accept that foreign funding of political parties and related entities (and politicians) should not be allowed to distort our democratic electoral process. We strongly agree that the integrity of our electoral system is fundamental to both our democracy and national sovereignty and to the restoration of public confidence in our political process.

Foreign donations and influence are, however, not the most significant factors undermining the integrity and fairness of the electoral process in Australia  and public confidence in the political system.  

Moreover, if foreign intervention damaging to Australia’s interests and democracy is the target, it is puzzling that the Bill excludes foreign or global private corporations which exercise considerable influence over political parties, government policy and even electoral outcomes.

The CCLs doubt that the Bill will achieve its claimed objective of protecting against foreign intervention in the electoral process.  

The hidden objectives

The CCLs main concern is that the ‘foreign intervention’ agenda is being used as cover to advance the Government’s long term attempt to deter major charities from public - and inextricably political - advocacy relating to their core constituency and to damage GetUp as an effective independent, progressive political advocacy body.  

The blatant attack on GetUp is achieved by amending the definition of an 'associated entity' so as to capture it - and other independent civil society organisations involved in political advocacy.    

This is done by conflating support for a  policy with support for a political party also supporting that policy.  

The Bill overrides the critical difference between an independent political advocacy organisation and a political party and its “associated entities”. The independent political entity takes advocacy positions on the basis of support for or opposition to policy matters - not on the basis of support for or opposition to political parties.

Based on recent history of GetUp’s progressive campaigning this proposal would almost certainly define GetUp  as an ‘associated entity’ of the ALP (presuming the ALP maintains progressive policies..) and the Greens.  As many point out- a rather bizarre outcome!

This would, as clearly intended, destroy GetUp’s  reputation as an ‘independent’ progressive  advocacy body.  It is its independence from the major parties which is the basis for much of its support.

The CCLs consider this an outrageous manipulation of the law. If enacted, this proposal will do immense damage to the vibrancy of legitimate political debate in Australia.  We note that if we met the expenditure threshold, this definition would capture all of the civil liberties organisations in Australia- notwithstanding our vehement non- partisan position re political parties. 

Charities

The most serious onslaught on large charities and environment/conservation bodies rests on the extraordinarily broad and contorted definitions of ‘political activity’, ‘political purpose’ and ‘political campaigner’ in the Bill.   The intersection of these expansive definitions will force most major charities to be registered as ‘political campaigners’.                

Having forced them into an inappropriate political category, the Bill will impose cumbersome, unclear and costly administrative, recording and reporting arrangements in relation to foreign donations -which in most instances are marginal to their overall donations. 

Charities defined as ‘third party entities’ will not be able to use foreign donations for ‘political’ work . This is not a marginal impact  because, as defined, that prohibits them from using these funds for much of their core charity work.

Charities defined as ‘political campaigners’ will be banned from accepting foreign donations over $250. For those charities involved in advocacy work of global significance (eg. World Wildlife or Results International) this will have a devastating effect.   Overall, no public good will be achieved by this.

Because it defines political activity and purpose so broadly, the Bill will create uncertainty and deep unease in the charity sector as to how its critical advocacy and education work will be defined. 

The CCLs reject the underpinning assumption of these definitional manoeuvres by the Government. The CCLs consider that charities are entitled to participate in political debate flowing from their core work. We reject the narrow view that the role of charities is simply to attend to the immediate needs of those they seek to help.

The outraged response of the CEO of St Vincent’s de Paul Society to this Bill is justified:

The ostensible reason for introducing this Bill is to deal with the threat of foreign powers interfering with our elections. There is no evidence that our major charities are a vehicle for foreign powers.”

“Rather, this Bill is aimed at muting the voice of charities and others who have been critical of the government. It is dangerous legislation that is not only a threat to charities, but to democracy itself.   (St Vincent de Paul website)

 

Next steps 

The Parliamentary Joint Standing Committee on Electoral Matters is reviewing the Bill and will report to Parliament by the end of March. The furore around the Bill has been huge - there are currently 148 submissions to the Committee and although I have not read them all, it is pretty certain that most will be opposed to the Bill's attack on charities and bodies such as GetUp.

The Government may have enough sense to reassess the outrageous and unwarranted proposals in the Bill.

The Leader of the Opposition has recently indicated that Labor will not support aspects of the Bill that stifle charities. We await detail but hope that this is opposition to more than one aspect of the constraints on charities and that it incorporates the attack on independent political advocacy bodies. The Greens have indicated strong opposition to the Bill.

The Government has indicated that the bills in its national security and foreign intervention package will be considered by Parliament in May. This Bill and the Espionage and Foreign Intervention Bill are the most controversial.

The CCLs will consider the recommendations of the Parliamentary Committees on these Bills when they become public and will continue to lobby the Opposition and members of Parliament to remove the many  proposals which will be toxic for civil society political discourse and to find a less clumsy and burdensome way of disclosing or preventing foreign donations influencing the Australian electoral process. 

On this front,  the CCLs will continue to argue that the most effective way to achieve much needed reform of electoral funding and protection of the integrity of the electoral process is to:

  • impose real-time, full disclosure of donations to political parties, associated entities, MPs and parliamentary candidates
  • a lowering of the current donation disclosure threshold from $13500 to $2000 or thereabouts
  • and urgently set up a widely based National Integrity Anti-Corruption Body.

 

Dr Lesley Lynch 

NSWCCL Vice President 

 

For more detailed information and our specific recommendations read the Joint CCLs' submission on the Bill. 

Electoral Funding and Disclosure Reform Bill 2017

 

 

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Number of ministers able to approve terrorism control orders doubles

In Dutton’s Home Affairs, even the assistant minister can order terrorism control orders

The New South Wales Council for Civil Liberties opposes control orders but its president, Stephen Blanks, said if the state is to have such a power to detain people it “should be in the hands of the senior law officer, the attorney general”.

“It is unsatisfactory for the power to approve this order to be in hands of junior ministers or even senior minister like Peter Dutton, who is not a lawyer,” he said.

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A Bill of Rights Would Protect All Freedoms, Not Just Religious Ones

The NSWCCL is calling for a constitutionally entrenched charter of rights and freedoms. One right shouldn’t be singled out above all others.

“They need to be protected as a whole, because they do compete against each other on occasions.”

A bill of rights would provide a mechanism that would serve to balance these competing rights.

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Lack of transparency on taser use in NSW

President Stephen Blanks has called for greater transparency in the use of Tasers in NSW. No updated statistics on Taser use have been released by the NSW Police for 6 years. A mentally ill man died during a police arrest on Sunday during which a Taser was used. In a NSW Ombudsman report in 2012 it was noted that approximately one third of people Tasered by police were suffering from mental illness and three quarters were unarmed. NSW CCL calls on NSW Police to release updated statistics immediately. The current Taser procedures are scheduled for review on 1 July 2018. See today's report in the Guardian here: https://www.theguardian.com/australia-news/2018/feb/21/call-to-lift-secrecy-around-police-taser-use-after-mentally-ill-mans-death

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