Death Penalty

NSWCCL's policy is total opposition to the death penalty under all circumstances and in all countries.

NSWCCL has been advocating on behalf of the abolition of the death penalty in Australia and globally since it began. Now that the death penalty has been abolished in Australia, NSWCCL remains a strong advocate for Australians and others on death row.

On this page you will find...

  1. Information about the death penalty in Australia.
  2. Information about the death penalty in international law.
  3. Information about the death penalty in Europe.
  4. Information about the death penalty in the United States of America.
  5. Information about the current status and history of Australians on Death Row.
  6. Information about the current NSWCCL Policy on the Death Penalty.

  

Latest NSWCCL activity

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 Any fines issued during the protest should be immediately withdrawn.

Read more

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

 

 


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


Rail strike 'unlawful'-in whose interest?

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.

 


MEDIA RELEASE - Physical Restraints Used Against Aboriginal People

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

 

Contact:

Stephen Blanks – 0414 448 654 - President

 

NSWCCL Media Release


MEDIA RELEASE - Inquest into the death of Scott Johnson

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.

 

Contacts:

Josh Pallas - 0458 605 281 – Vice President

Stephen Blanks – 0414 448 654 - President

 

NSWCCL Media Release

Coronial Findings - Inquest into the death of Scott Johnson


NSWCCL Annual Dinner 2017 - a message for Peter Dutton?

NSWCCL held its annual dinner last Friday night to celebrate 54 years of civil liberties advocacy and to raise funds for its ongoing work. Around 260 members and supporters were present to celebrate and to hear speeches from two luminaries of the Australian legal fraternity – the Hon Michael Kirby AC CMG and Bret Walker SC.

The gathering was, as usual, a fabulously diverse one including civil libertarian and human rights supporters from many walks of life and activists and advocates deeply engaged in current related causes.   

There was a stronger legal contingent than usual, including a goodly number of current or past judges of the High Court, and the Federal and Supreme courts and senior counsels, the President of the NSW Law Society and senior members of the NSW Bar Association - presumably drawn by the stellar legal profile of the speakers.

There were also leading trade unionists, politicians past and present, senior bureaucrats, teachers and academics, journalists and numbers of community and human rights groups. 

Most significantly – the gathering included a large number of students and younger civil libertarian supporters. This is heartening for obvious reasons – and, in so far as it reflects the presence and growing influence of younger civil libertarians on the CCL Committee and Executive – it foreshadows a transition already underway in the focus of CCL to civil liberties issues of concern to young people and new approaches to advocacy.   

The highlight of the evening was of course the speeches. 

 

The President's message

CCL President Stephen Blanks recalled some of the major issues facing Australians in the past year which had ‘struck deep civil liberties chords’.  These encompassed counter-terrorism, indigenous recognition, human rights abuses on Nauru and Manus Island and with NT youth detention, prospective detention / administrative detention, citizenship qualifications for Australian parliament, privacy and government mass surveillance.

Stephen warned that each of these issues ‘eats away at our democracy and makes it more fragile’. 

Among the few wins of the past year he flagged the recent striking down by the High Court of the Tasmanian anti Protest Laws and the huge public affirmation of marriage equality – and the now likely passage of the Victorian euthanasia legislation.

For the future, Stephen suggested the forthcoming debate around the passage of the marriage equality legislation might provide some opportunity for a renewed focus on general human rights legislation – if, that is, we can counteract the push for religious-specific protections with the dangerous possibility of unwinding current anti-discrimination protections in Australia. We will also explore the implications of the High Court decision on the Tasmanian protest laws for a challenge to the appalling anti- protest and 'public safety' laws introduced in NSW this year. 

Read more

Annual General Meeting 2017

We held our AGM on Wednesday October 25.It was a well attended event - an opportunity for those interested in civil liberties to meet, discuss current issues and socialise afterwards. We elected our new Executive and Committee for the coming year and are delighted to welcome some new faces. Policy positions on marriage equality, a national human rights charter, a national integrity commission and voluntary assisted dying were adopted. You can read more here.
 
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Civil liberties bodies reject massive facial recognition database

COAG has agreed to the establishment of a National Facial Biometric Matching Capability which will have access to all drivers licences in Australia - as well as visa, passport and citizenship photos. This massive biometric database will be available to state and federal security and law enforcement agencies. The rationale for this very significant increase in the capacity for real time government surveillance of most Australian residents is, of course, to better protect us. 

We want governments to do all that is possible and proportionate to protect us and, as part of that, we support effective coordination between states and the federal agencies. However, NSWCCL fears that this development in mass surveillance capacity will have- over time - significant implications that are not currently appreciated for the nature of our society and the robustness of our democracy.   

We note that our political leaders in their untroubled endorsement of this- and related-  initiatives have blithely dismissed any concerns about the admitted  impact on our privacy or other liberties we have traditionally valued. 

We could take greater comfort in their assurance that they will simultaneously be 'maintaining robust privacy safeguards'if they showed a greater appreciation of, and concern for the associated risks and the likely implications of this increased capacity for state surveillance on citizens. 

At this stage there is little detail as to how this increased surveillance capacity will work and what will be done to protect this massive trove of  our personal  biometric data from hacking or misuse.  

NSWCCL has joined with other civil liberties and privacy organisations to express our deep concern at this new and significant expansion of surveillance capacity. It looks to us like a step too far even in the context of an ongoing terrorist threat. 

Joint media statement 

LibertyVictoria statement 

COAG package.

 

 


National Integrity Commission -committee report equivocates

There is  widespread and  well argued community and expert support for a national body to expose  and prevent serious and systemic corruption within, and relating to, public administration (including the electoral process and parliament including MPs and their staff).

In April this year, NSWCCL joined others in arguing strongly for the immediate establishment of such a body to a Senate Select Committee specially established to consider (yet again..) this longstanding and increasingly urgent issue. (see earlier post

At the time there was some optimism that at last effective action by the Parliament might be possible.    While it was clear the Government would not soften its opposition, it did appear that Labor may shift its position and support some kind of national anti-corruption body. Significantly, the Select Committee was chaired by Senator Jacinta Collins from the ALP.

Unfortunately the recently released report of the Select Committee is somewhat of a disappointment in that its recommendations are equivocal.

Noting the number of recent inquiries into the issue, NSWCCL argued that the time for a  decisive recommendation for immediate action on a national body had come: 

We are concerned that if there is no firm recommendation for the establishment of a NIC  from this Inquiry, the same lack of follow-through would again be a likely outcome. ‘

‘Given there appears to be greater openness for action on this issue in the current Parliament than was previously the case, a decisive recommendation may generate positive outcomes. This may not be so at a later time. ‘

Sadly, this argument did not prevail -though it was argued by numbers of key submissions. With the support of the ALP and coalition members,  the majority report recommended a transitional approach with priority being given to the position the Government and its agencies had favoured - that the focus of action should be strengthening the existing national framework:

'The committee recommends that the Commonwealth government prioritises strengthening the national integrity framework in order to make it more coherent, comprehensible and accessible.' (Rec 1)

However, the Committee did not reject the strong arguments in support of an overarching anti-corruption body. In fact it found that the evidence was pretty persuasive:

'On the basis of the evidence before it, the committee also believes that the Commonwealth government should carefully weigh whether a Commonwealth agency with broad scope to address integrity and corruption matters—not just law enforcement or high risk integrity and corruption—is necessary. It is certainly an area of great interest to the public and irrespective of whether it is achieved by way of a new federal agency or by some other mechanism(s), current arrangements must be strengthened' (par 4.141, p218)

and therefore called for 'careful consideration' of such a body: 

'The committee recommends that the Commonwealth government gives careful consideration to establishing a Commonwealth agency with broad scope and jurisdiction to address integrity and corruption matters.' (Rec 2) 

NSWCCL argued that there was no incompatibility between deciding to establish a national body and ongoing analysis of and strengthening of the national integrity framework.  

There was committee support for this  stronger position from the NXT representative Senator Skye Kakoschke-Moore and Senator Hinch in added comments and from the Green's Senator Lee Rhianon  in a dissenting report. All argued for an immediate start on  the establishment of a national integrity body.   

The Greens also agreed with the NSWCCL position that the new body should be empowered to conduct public inquiries where it is in the public interest to do so. 

 The Committee made 5 other process related recommendations which are all positive and reasonable- but in our view cannot be an effective alternative to a single overarching national integrity commission. 

Where to next 

The body of the report makes for a strong argument for a swift move to a national body. The danger is that, given the equivocal recommendations, the moment for the necessary, decisive action will be lost in the chaotic and contentious parliamentary context. 

We do not yet have a Government response to the Committee report - or from the Labor Party.  However, it is not likely that the Government will decide to go beyond the Committee's recommendations and quite possible that it will ignore recommendation 2 - and possibly others - and focus only on recommendation 1.  

NSWCCL will continue to argue the urgent need for a national body. 

But we will also join efforts with those seeking to keep alive and progress the other recommendations and try to keep the Government explicitly working on a staged agenda with the eventual establishment of a broad based national integrity commission as a likely outcome.  

 

NSWCCL  NIC submission April 2017 

Select Committee Report on a NIC Sept 2017 

 

Dr Lesley Lynch 

VP NSWCCL