NSWCCL Submissions

Submission to Senate Legal and Constitutional Affairs Committee on Federal Court Fee increases since 2010 - April 2013

"All persons must, as a matter of their civil rights, have the capacity to access the Federal Court regardless of their financial situation or other means. In addition, the fees associated with accessing the Federal Court must not act as a material detriment to their accessing the court if they judge that doing so is an appropriate course of action."

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Submission on the Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013 - April 2013

"the proposals in the bill have the potential to impact greatly on many Australians, young and old alike, who do not necessarily possess any criminal intent, without providing sufficient nexus to the more serious offences the bill aims to prevent."

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Submission on Federal Court Fee increases since 2010 - April 2013

NSWCCL has made a submission to the Senate Legal and Constitutional Affairs Committee concerning the impact of Federal Court Fee increases since 2010 on access to justice in Australia.

"The ability to access the courts is a civil right. It is essential that persons can access the courts to ensure that they are able to exercise their freedoms and liberties and enforce their rights and others’ obligations.

All persons must, as a matter of their civil rights, have the capacity to access the Federal Court regardless of their financial situation or other means. In addition, the fees associated with accessing the Federal Court must not act as a material detriment to their accessing the court if they judge that doing so is an appropriate course of action."

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Submission to the inquiry into NSW racial vilification laws - March 2013

NSWCCL has made a submission to the Legislative Council Standing Committee's inquiry into Racial vilification law in NSW. 

Secretary Stephen Blanks called for reform of the laws, stating that the bar for prosecutions has been set too high, as shown by the absence of any prosecutions.

NSWCCL believes that the sections under review have failed to legitimately criminalise serious racial vilification. Further, it is possible to reform the legislation to be more effective, whilst also maintaining the right to free speech.

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Submission to the Legislative Council Standing Committee's inquiry into Racial vilification law in NSW - March 2013

NSWCCL believes that the sections under review have failed to legitimately criminalise serious racial vilification. Further, it is possible to reform the legislation to be more effective, whilst also maintaining the right to free speech.

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Submission on Human Tissue Amendment (Trafficking in Human Organs) Bill - March 2013

"We have considered the clauses carefully. We cannot support the proposed legislation... CCL holds therefore that legislation which is to operate extra-jurisdictionally outside Australia should be confined to matters where the United Nations has mandated such extrajurisdictional operation in an international treaty."

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Submission on Human Tissue Amendment (Trafficking in Human Organs) Bill - March 2013

NSWCCL has made a submission to Greens MPs in relation to their invitation to comment on the draft Human Tissue Amendment (Trafficking in Human Organs) Bill and the accompanying discussion paper.

"We have considered the clauses carefully. We cannot support the proposed legislation.

...CCL holds therefore that legislation which is to operate extra-jurisdictionally outside Australia should be confined to matters where the United Nations has mandated such extrajurisdictional operation in an international treaty."

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Submission to the review of the Summary Offences Act 1988 (police move-on powers) - February 2013

NSWCCL has made a submission to the NSW Ombudsman concerning their review of the Summary Offences Act 1988 Section 9: Continuation of intoxicated and disorderly behaviour following a move on direction.

The submission expresses concerns regarding the loose definition of 'disorderly' conduct, and the subsequent high degree of discretion granted to police in determining whether behaviour is disorderly.

"In the view of the NSW CCL, behaviour can only be considered 'disorderly' if it disrupts the order of the environment for other people at the time the behaviour takes place or some in the future - behaviour can only be considered 'disorderly' in respect of its impact on other people. It makes no sense for behaviour to be considered disorderly if there is no disorder created for one or more other persons."

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Submission to the review of the Summary Offences Act 1988 (police move-on powers) - February 2013

The submission expresses concerns regarding the loose definition of 'disorderly' conduct, and the subsequent high degree of discretion granted to police in determining whether behaviour is disorderly.

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Submission on the use of cannabis for medical purposes - February 2013

NSWCCL has made a submission to the NSW Legislative Council General Purpose Standing Committee no. 4's inquiry into the use of cannabis for medical purposes.

"The NSW Council for Civil Liberties considers that drug use should be addressed as a health issue, not a legal issue.

The use of cannabis for medical purposes should be decriminalised to allow its use if medically qualified people consider that it has health benefits.

The Committee should recommend that a trial of medical cannabis be commenced as soon as practicable."

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