NSWCCL Submissions

Submission to the Legal and Constitutional Affairs Legislation Committee's inquiry into the Migration Amendment (Strengthening Biometrics Integrity) Bill 2015 - April 2015

NSWCCL is concerned that the Bill does not contain essential safeguards to limit the collection and retention of additional biometric data, and that the Bill in its current form may disproportionately affect minors, incapable persons and asylum seekers because it removes the requirement for consent and presence of a parent, guardian or independent person for and during the collection of such biometric data. 

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NSWCCL endorses UPR shadow reports together with joint NGOs and international surveillance groups

NSW Council for Civil Liberties has formally endorsed two separate Shadow Reports for the United Nations' 2015 Universal Periodic Review of Australia: firstly, a Joint NGO Submission together with a wide range of NGOs across Australia; and secondly, a submission specifically relating to Surveillance in Australia together with international and national surveillance groups. 

 

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Mass data retention - the fight is on

Last year civil liberties and human rights groups resisted, with limited success, the worst elements of the veritable tsunami of new counter-terrorism laws the Abbot Government brought in swift succession to the Parliament.  Now we are fast approaching a decision point in the highly significant and contentious debate as to whether the Australian Parliament will legislate the mandatory collection and retention of mass telecommunications data for the bulk of the population to enable retrospective access by authorities.

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It would be a major negative step for a democracy. It will be a major intrusion every citizen’s right to privacy - including those not suspected of any unlawful activity. This will have major flow-on implications for other freedoms and democratic values. In particular, it will undermine a robust and free press and constrain legitimate whistle-blowers by removing any confidentiality from all phone and internet communications.  

The combined CCLS consider it to be a step too far. We strongly oppose the policy concept and urge the Parliament to reject it. 

 

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Submission to PJCIS into the telecommunications (intercept and access) amendment (data retention) Bill 2014 - January 2015

It (mandatory data retention) would be a major negative step for a democracy. It will be a major intrusion every citizen’s right to privacy - including those not suspected of any unlawful activity. This will have major flow-on implications for other freedoms and democratic values. The combined CCLS consider it to be a step too far. We strongly oppose the policy concept and urge the Parliament to reject it. 

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NSWCCL condemns the proposed amendments to the Migration Act

NSWCCL's submission into the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014, condemns the proposed amendments to the Legislation, as it is clear the changes intend to punish those who seek asylum from persecution, and who arrive in Australia by boat. In doing so, this Bill perpetuates the myth that asylum seekers who arrive by boat are ‘illegal’ and have no legal right to seek asylum.

Moreover the CCL condemns the amendments which suspend the rules of natural justice as they apply in the Maritime Powers Act. Such suspension removes the possibility of oversight by the judiciary, limiting the challenges to keep the actions of government in check, particularly with respect to the implementation of punitive policies on asylum seekers and refugees.

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Submission to the Legal and Constitutional Affairs Committee of the Australian Senate concerning the Migration and Maritime Powers Legislation Amendment (resolving the Asylum Legacy Caseload) Bill 2014 - November 2014

NSWCCL condemns the proposed amendments to the Legislation, as it is clear the changes intend to punish those who seek asylum from persecution, and who arrive in Australia by boat. In doing so, this Bill perpetuates the myth that asylum seekers who arrive by boat are ‘illegal’ and have no legal right to seek asylum.

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Joint Submission to the Counter-Terrorism Legislation Amendment Bill (No.1) 2014 - November 2014

The NSW Council for Civil Liberties and the Muslim Legal Network of New South Wales have joined in this submission to highlight the fact that the Counter-Terrorism Legislation Amendment Bill (No.1) 2014, like the government’s other counter-terrorism laws, are simultaneously an attack on the civil liberties of all Australians and are, rightly or wrongly, perceived as a targeted attack on the Muslim community in Australia.

Summary of Recommendations:

  • We strongly oppose the provisions regarding Part 5.3 of the Criminal Code Act 1995 (“the Control Order Regime”).
  • We strongly oppose the provisions regarding the amendments to the Intelligence Service Act (“the Intelligence Act”).

The submission also attacks the unreasonable haste with which these new laws are being introduced, allowing a mere ten days for review and submissions. This does not allow reasonable time for public debate or informed decision making by members of parliament, which we believe amounts to an abuse of process by the Australian Government resulting in reckless lawmaking.

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Submission to the Senate inquiry into the Migration Amendment (Character and Visa Cancellation) Bill 2014

NSWCCL has made a submission to the Legal and Constitutional Affairs Committee of the Australian Senate concerning the Migration Amendment (Character and Visa Cancellation) Bill 2014. The main points of the submission are that:

  • The procedure for applying the character test should be taken out of the hands of the minster and his or her delegates and given instead to a new, genuinely independent body. There should be an appeal on the merits on leave to the Federal Magistrate’s Court. 
  • The various proposals to allow the minister to override the Administrative Appeals Tribunal (AAT) should be rejected. 
  • The proposals to prevent an appeal to the AAT and other tribunals concerning decisions of the minister should be rejected, and replaced by entitlements to appeal. 
  • Where convictions by foreign courts bear on the character test, provisions should ensure that only convictions for actions that would be criminal and subject to similar penalties in Australia may count. Furthermore, only convictions where the court procedures and standards of proof adopted are up to Australian standards should be accepted. 
  • The whole bill is so full of faults and poor proposals it should be rejected.

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Submission to the Legal and Constitutional Affairs Committee of the Australian Senate concerning the Migration Amendment (Character and Visa Cancellation Bill) 2014 - October 2014

The whole bill is so full of faults and poor proposals it should be rejected, the NSWCCL's recommendations are detailed in the submission.

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Submission to PJCIS Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 - October 2014

Councils for civil liberties across Australia (New South Wales Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australia Council for Civil Liberties, Australian Council for Civil Liberties) have come together to make a joint submission on the Australian Government’s Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (the Bill).

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