NSWCCL Submissions

Joint submission to PJCIS inquiry into 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).

The submission address the following issues:

  • Inadequate review timeframe
  • Extension of sunset clauses to 2025
  • Loose definitions and discretionary enforcement related to foreign incursion offences
  • Freedom of travel to 'No-Go Zones'
  • Scope of personal jurisdiction
  • Potential for indefinite arbitrary detention in lieu of timely consent for prosecution from Attorney-General
  • Advocacy offences an unreasonable imposition upon free speech
  • Potential abuse of delayed notification warrants
  • Unjustifiable revisions concerning travel document cancellation
  • Unnecessary enhancement/broadening of customs officers detention powers
  • Suspension of welfare payments retains right of review

NSWCCL has issued extensive public comment regarding this bill - read more here

Click here for the submission


Supplementary Submission to PJCIS Inquiry into the National Security Legislation Amendment Bill (No.1) 2014 - August 2014

Dr Lesley Lynch (NSWCCL Secretary) and Bill Rowlings (Civil Liberties Australia) gave testimony at the inquiry's public hearing on the 18th of August 2014. A supplementary submission was subsequently compiled offering more detailed comment regarding the discard of ministerial oversight of particular intelligence sharing between agencies

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Joint submission to PJCIS inquiry into Counter-Terrorism Legislation Amendment Bill (No.1) 2014 - August 2014

NSWCCL has collaborated with other Australian civil liberties groups in making a submission to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014.

The CCLs accept that ASIO and other intelligence and security organisations must have the powers and resources necessary for the protection of national security including protection against the very real threat of terrorist activity in Australia- consistent with democratic values. However, where the proposed changes expand existing ASIO powers and/or weaken balancing safeguards and protections our endorsement is dependent upon persuasive evidence justifying such changes and clear demonstration that rights and liberties are not being unwarrantedly or disproportionately encroached upon

In our view, such persuasive evidence has not been provided to justify some of the new or enhanced security powers being proposed in this Bill.

Read the joint CCL submission here

Dr Lesley Lynch (NSWCCL Secretary) and Bill Rowlings (Civil Liberties Australia) gave testimony at the inquiry's public hearing on the 18th of August 2014. A supplementary submission was subsequently compiled offering more detailed comment regarding the discard of ministerial oversight of particular intelligence sharing between agencies

Read the supplementary submission here

 


Submission to PJCIS Inquiry into the National Security Legislation Amendment Bill (No.1) 2014 - August 2014

The CCLs accept that ASIO and other intelligence and security organisations must have the powers and resources necessary for the protection of national security including protection against the very real threat of terrorist activity in Australia - consistent with democratic values. In our view, persuasive evidence has not been provided to justify some of the new or enhanced security powers being proposed in this Bill.

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NSWCCL commends parliamentary committee report on Senate election reforms

The Joint Standing Committee on Electoral Matters today released its much anticipated interim report on its inquiry into the conduct of the 2013 federal election. The interim report deals with the Senate voting practices.  

NSWCCL commends this hugely important report and supports its recommendations for urgently needed reform to the Senate electoral process.

The Senate electoral system is in disrepute. In the 2013 elections, fundamental democratic principles were breached. Consequently, NSWCCL has seen reform of the Senate voting processes as one of the most significant, current civil liberties issues and has made two submissions and appeared to give evidence to the Committee.

The Committee is appropriately scathing in its assessment of the 2013 procedures -as a few quotes from the Foreward well illustrate: 

'The 2013 federal election will long be remembered as a time when our system of Senate voting let voters down.’

….‘Combined with pliable and porous party registration rules, the system of voting for a single party above the line and delegating the distribution of preferences to that party, delivered, in some cases, outcomes that distorted the will of the voter.’

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Supplementary submission to the Joint Standing Committee on Electoral Matters on the Commonwealth Electoral Amendment (Above the Line Voting) Bill 2013 - May 2014

NSWCCL has made a supplementary submission to the Joint Standing Committee on Electoral Matters on the Commonwealth Electoral Amendment (Above the Line Voting) Bill 2013.

There is a need to reform the electoral system to ensure that it translates cast votes into a Parliament truly reflecting the collective view of voters.

The following reforms must be made:

  • Introducing optional preferential voting in Senate elections both above and below the line
  • Abolishing group voting tickets for Senate elections
  • Reforming the party registration system.

Failure to reform the electoral system is not an option. Doing so would bring it into further disrepute.

Click here for the supplementary submission


NSWCCL opposes abolition of independent monitor of counter-terrorism laws

NSWCCL has made a submission to the senate committee inquiring into the Government’s proposal to abolish the Independent National Security Legislation Monitor (INSLM)  as part of its  ‘red tape bonfire’.

The INSLM is an important independent position set up in 2010 with broad review functions relating to the intensely sensitive and complex area of counter-terrorism laws: whether these laws remain proportionate to the threat of terrorism in Australia and whether they contain appropriate safeguards to protect the rights of individuals.  

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Submission to Senate Legal and Constitutional Affairs Committee inquiry into the Independent National Security Legislation Monitor (INSLM) Repeal Bill 2014 [Provisions] - May 2014

The INSLM is an important independent position set up in 2010 with broad review functions relating to the intensely sensitive and complex area of counter-terrorism laws: whether these laws remain proportionate to the threat of terrorism in Australia and whether they contain appropriate safeguards to protect the rights of individuals. It is most inappropriate that such a significant statutory role was proposed for repeal in this covert way without forewarning, substantive rationale or public consultation.

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NSWCCL condemns government proposals on racial vilification legislation

NSWCCL totally opposes the amendments to the Racial Discrimination Act 1975 (Freedom of Speech Repeal of S.18C) Bill 2014 issued as an exposure draft by the Commonwealth Attorney-General on the 25th March 2014.

The amendments will dramatically narrow the definition of unlawful racist speech and the contexts in which racial vilification will be allowed are so broad as to include almost every context in which public racist abuse could occur. The Act will effectively be gutted removing vital protections against racial vilification that have worked well for 20 years.  

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Submission on exposure draft Racial Discrimination Act 1975 (Freedom of Speech Repeal of S.18C) Bill 2014 - May 2014

The proposed amendments will dramatically narrow the definition of unlawful racist speech and the contexts in which racial vilification will be allowed are so broad as to include almost every context in which public racist abuse could occur. The Act will effectively be gutted removing vital protections against racial vilification that have worked well for 20 years.  

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