NSWCCL President warns against 'not guilty' pleas and privacy issues concerning domestic violence register
NSWCCL President Stephen Blanks has warned against the automatic placement of offenders on a proposed domestic violence register, strongly urging that a court should decide whether to place somebody on the register based on an assessment of their risk to the community.
"If it's automatic, we will see an enormous change in the way people treat their defence," he said. "It will be a huge incentive on everyone charged with domestic violence offences to plead not guilty, which is quite counter-productive. We want a system where people are encouraged to recognise their guilt."
There are also potential privacy issues associated with the proposed register: "You don't want people getting information off the register and putting it on Facebook". Mr Blanks argues that access to the register should be strictly regulated.
Persons on the register should also be notified if their information has been accessed. While it has been argued that this could deter persons from checking the register, Mr Blanks affirms that it is a "fundamental privacy principle...People are entitled to know when information about them is being disclosed."
Source: Sydney Morning Herald, 6/3/2015
Source: SBS News, 6/3/2015
Source: 2SER 107.3, 9/3/2015
In a YouTube video released on Sunday the Prime Minister has hinted at a national security crackdown involving the tightening of migration and welfare rules. On SBS News NSWCCL President Stephen Blanks argued that a further national security crackdown could be counter productive:
"You don't defeat every terrorist incident by increasing the powers of the national security agencies. You don't destroy freedom in order to protect it. What you do is you should promote community coherence. You should make sure everybody in our society is committed to our common ideals and not drive wedges between them because driving wedges between them is going to perpetuate these kinds of attacks."
Stephen also warned that possible welfare changes could result in a backlash from innocent Australians:
"The community is going to find that very intrusive and unacceptable. People should not have to say they reject terrorism in order to get a Centrelink benefit. That is something that something that is just going too far. That is going to make people suspicious of the entire security apparatus that has been erected around them."
Stephen also spoke to "the Wire", noting that following the extraordinary case of Man Haron Monis, reactionary bail reforms appear to be on the agenda and threaten to undermine the fundamental presumption of innocence: "Bail is not an excuse to start locking people up as if they are presumed guilty." He also warned that welfare reforms could potentially lead to 'McCarthy' style systems where welfare recipients may need to prove that they are not terrorist sympathisers in order to receive benefits.
Article/Audio: National Security - have we been too lenient too long?
Source: The Wire, 16/2/2015
The NSW Council for Civil Liberties condemns the Prime Minister’s attack on the credibility of the Human Rights Commission (HRC), and Commissioner Gillian Triggs following the release of the Commission’s damning report into the detention of asylum seeker children.Read more
On the evening of Monday 9 February NSWCCL - supported by the Victorian, Queensland and South Australian CCLs and Electronic Frontiers Australia - invited our federal members of parliament to a special, pre-release screening of the gripping documentary CITIZENFOUR in Parliament House.
It was a terrific success with MPs from the ALP, Greens and cross benchers as well as staff, journalists and members of the public coming to watch the film and discuss it over drinks afterwards. (Maybe the failure of any liberal MPS to attend was related to their ongoing drama around leadership and policy directions.)Read more
Laura Poitras' gripping documentary CITIZENFOUR will be screened in Parliament House tonight, Monday 9 February, following on from its success in winning a BAFTA overnight. The combined civil liberties councils across Australia (NSW Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australian Council for Civil Liberties, and the Australian Council for Civil Liberties) and Electronic Frontiers Australia are hosting the screening in Parliament for interested politicians and staffers. The documentary provides a powerful insight into the astonishing dimensions and significance of metadata collection and analysis, and is offered as a contribution to the debate on the contentious data retention bill.
The screening has been crowdfunded by hundreds of individual donors across Australia.
NSWCCL calls on the Australian government to make all diplomatic efforts to stop the executions of the two Australian citizens on death row in Indonesia facing imminent execution. The NSWCCL has signed a joint letter with a range of other organisations to the Minister for Foreign Affairs, Julie Bishop, urging such efforts be made, and to the Indonesian Ambassador in Australia seeking mercy for the two Australian citizens facing imminent execution.Read more
NSWCCL President Stephen Blanks has responded to the suggestion made by a former judge that terrorists should be kept in prison after their sentences expire if they still hold extreme religious views. Speaking to ABC Radio Current Affairs AM, Stephen characterised these comments as "a scorched earth policy":
"What a dangerous suggestion it is that people should be kept locked up just because of their opinions, and what a terrible indictment on our system that we can't, through a process of programs in prison, deradicalise these individuals."
Source: ABC Radio Current Affairs, AM, 29/01/15
See also: Prison radicalisation expert Clarke Jones says segregation only strengthening terrorists' beliefs, Sydney Morning Herald, 29/01/15
Judge's call to keep terrorists in prison indefinitely stuns civil liberties campaigners, ABC Radio, The World Today, 29/01/15
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.
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.
Bali Nine death row inmates Myuran Sukumaran and Andrew Chan are on a list of 26 prisoners Indonesia says will be executed this year, including six who will be killed this Sunday.
NSW Council for Civil Liberties president Stephen Blanks said the Australian government should be making it clear to Indonesia that the Australian public "regards these executions as unacceptable and unjustifiable".
Mr Blanks said it was "reprehensible" that Indonesia was resuming executions.
"The death penalty is wrong in all countries and in all circumstances," Mr Blanks said.
Source: Yahoo 7, 16/11/2014
In response to the rekindled debate around section 18C of the Racial Discrimination Act, NSW Council for Civil Liberties Committee Member Lydia Shelley writes about Islamophobia and freedom of speech. She argues that the greater threat to Australians’ civil liberties comes from the lack of legal protections in the form of a Bill of Rights:
"Not all those who pose a threat to civil liberties and freedoms stand behind a foreign flag and hold Kalashnikovs. Some stand behind the Australian flag and promote the myth that civil liberties and freedoms need to be sacrificed in order to obtain security.
They can be persons in positions of power who seek to use freedoms and civil liberties as tools to maintain their power. They draft, and then pass, draconian legislation that strikes at the heart of democracy and the very same freedoms they are purporting to protect."
Source: New Matilda, 14/01/2015