NSWCCL in the media

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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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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Call to, lift secrecy around police Taser use after mentally ill man's death

NSW Council for Civil Liberties says force has not released statistics about stun gun use for six years

Civil liberties groups have demanded more transparency around the police use of Tasers after a mentally ill man died during a police arrest in Sydney on Sunday.

Read complete article: Call to lift secrecy around police Taser use after mentally ill man's death

Source: The Guardian

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The NSW Government's anti-protest laws challenged after police target a Lock the Gate bus

Police “monitored the behaviour” of people on a Lock the Gate bus tour for hours on February 3 and 4 after deciding it was a “protest group”, and despite Lock the Gate publicising the event as a chance for Sydney and Newcastle supporters to meet mining-affected communities over meals at Bulga, Camberwell, Muswellbrook, Wollar and Bylong.

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7 News interview – visa cancellations

"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:

Australian citizens wrongfully detained because of immigration failures, report finds

We are all entitled to civil liberties, even when we do the wrong thing.

 

 

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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.

 

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Call for secret search warrants lashed by civil libertarians, security experts

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."

 

Article: Call for secret search warrants lashed by civil libertarians, security experts

Source: Australian Financial Review

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Cafe app that knows how you take your coffee sparks security concerns

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. 

 

Article: Cafe app that knows how you take your coffee sparks security concerns

Source: SBS

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Calls to partially suspend secretive NSW Police blacklist

There are calls for New South Wales Police to urgently review a secretive policy that targets children with house calls and public searches.

The Suspect Target Management Plan - or STOMP as it's known - is a program that aims to prevent crime by pre-emptively targeting people thought to be at risk of offending.

Sample data from 10 Local Area Commands, published in a recent report, reveals 45 per cent of people on the plan were Indigenous, and children as young as 10 were being targeted.

The Aboriginal Legal Service and the New South Wales Council for Civil Liberties are calling for the program to be partially suspended until a review can take place.

NSW CCL President, Stephen Blanks says there is no publicly available evidence that the program works to prevent crime. "The police are structured in a way that there are no statistics recorded, no information provided, no oversight, just no accountability at all. The community has no way of knowing if its doing more harm than good."

He continued "It's disappointing that the police haven't reacted to the release of this report so far. There is an opportunity for the police to start a new chapter of community engagement and respond to this report by saying that they will allow some accountability, oversight and assessment of the program to see whether it is achieving its objectives. If the police don't do that themselves, than the government should step in and make it happen.

In the interim, some of the more obviously abusive elements of this program, the way that it's aimed at children for example, should be suspended until there is proper accountability and assessment.

The Minister has the power to direct the police in relation to implementation of programs of this kind. So, if the police don't reform themselves, then the Minister should be stepping in."

 

Listen: Calls to partially suspend secretive NSW Police blacklist

Source: ABC Radio PM

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