The NSWCCL thanks the Independent National Security Legislation Monitor (INSLM) for the invitation to make this submission.
Submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding data retention and certificates of immunity for ASIO officers and their contacts - October 2012
In this submission, NSWCCL addresses the following points:
- Opposing blanket data retention of all Australian's telecommunications metadata
- Response to police submissions concerning possible seeking of additional powers
- Opposing the proposal that ASIO officers be granted certificates of immunity from civil and criminal liability
Although terrorism has been a problem for hundreds of years, the Twin Towers attack in New York and the London and Bali bombings led to the passage of a great deal of legislation which might have been justified if the problem, like a war, could be expected to be concluded in a few years. However, it is plain—indeed, it was always plain— that terrorism is not going away. It is time to consider which of the laws we have passed should be kept, which modified, and which should be repealed.
The NSW Council for Civil Liberties reiterates its opposition to any significant changes to the existing partial defence in the absence of a compelling case to the contrary.
Submission to the Wollongong City Council concerning the draft CCTV Program - Code of Practice (the draft Code) - October 2012
NSWCCL expresses concerns that the draft code introduces "unjustified invasions of privacy". We commend the Council on its proposal for a proposed CCTV Camera Program Evaluation Committee for further review of the draft code.
Submission to the Criminal Law Review at the Department of Attorney General and Justice regarding the Inquiry into the right to silence of an accused person - September 2012
The proposed bill will abolish the right of an accused person to decline to answer questions by police without any adverse inferences being drawn in a subsequent trial by the prosecution or the court. To propose that silence implies guilt or prevarications is irrational and contrary to the fundamental principle of the presumption of innocence.
Submission to the Joint Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding the Inquiry into potential reforms of the National Security Legislation - August 2012
NSWCCL accepts the argument that there is a need to update and rework the relevant legislation in light of technological advances and successive amendments. However, neither of these drivers, in themselves, provides justification for an extension of powers or reduction in accountability for intelligence and law enforcement agencies, nor for the further erosion of individual privacy, civil liberties and democratic values.
Submission to the Joint Select Committee on Cyber-Safety regarding the Inquiry into Cybercrime Legislation Amendment Bill 2011 - August 2012
The submission raises a number of concerns, particularly the sharing of Australian information with foreign law enforcement agencies who may support torture/death penalty or may otherwise not employ appropriate protection and security measures concerning the highly sensitive and private nature of prospective data.
Submission to the Acting Director General at the Department of Attorney General and Justice regarding the statuatory review of the Graffiti Control Act 2008 (NSW) - August 2012
The submission questions the impact of harsh penalties such as imprisonment for a relatively minor offence, particularly on predominantly young perpetrators. It also addresses the Act's allowal of the removal 'graffiti' from private property provided that it is visible from a public place - this is an intrusion upon the owners right to property, owners should be free to paint their property or have it painted as desired without third party interference based on a subjective evaluation of the artwork/decoration.
Submission to the inquiry by the Social Policy Committee into the provision of alcohol to minors - August 2012
The submission argues that the proposed amendments extend unnecessarily beyond merely ensuring adequate supervision of liquor supply, and may unreasonably criminalise benign activities such as religious rituals involving supply of liquor to minors.