Australians might be surprised to know there is a new Bill proposing an Australian Bill of Rights before the Australian Parliament.
There has not been much stomach for active campaigning in support of a national Bill of Rights in Australia since the bitter and crushing disappointment of the Rudd Government’s failure in 2010 to act on the recommendation of the National Human Rights Consultation Committee (the Brennan Report) for a federal human rights act. This surprising and weak betrayal of community expectations, following a year of extensive consultation and clear public support for a human rights act - and the subsequent loss of the 2013 election to the Abbott Government – put a long term dampener on the enthusiasm of all but the most determined of campaigners.
Australia remains alone among western democratic states in not having a human rights act or charter.
In recent years the Australian Parliament has enacted numerous new laws - and the Australian Government has enacted numerous new policies and programs - which unwarrantedly infringe individual liberties and rights and are in clear breach of our international human rights obligations.
Without the protections afforded by a Bill of Rights, strong and persistent opposition to these laws from many sections of the community has been powerless to stop their passage. Professor Gillian Triggs, the recently retired President of the Australian Human Rights Commission, repeatedly warned of the dangerous consequences for the rights and liberties of Australians of this situation – and was outrageously vilified by the Government and sections of the media for so doing.
So it is with tentative optimism that NSWCCL applauds the introduction of the Australian Bill of Rights Bill 2017 into the Federal Parliament by the independent MP Andrew Wilkie - with the support of independent MP Cathy McGowan.
It is a wide ranging Bill which Wilkie says is closely modelled on an earlier private member’s Bill introduced in 2001 by Dr Theophanous which did not get past a first reading. (2R speech 14/8/17)
Hundreds of submissions were made to the Senate Legal and Constitutional Affairs Legislation Committee on the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017.
You can read our submission here.
CCL views the Bill as dangerous, undemocratic and unfair. In brief we argued that the Bill:
- creates a class of permanent residents who are denied recognition as citizens
- requires new citizens to accept arbitrarily defined "Australian values"
- confers unwarranted extraordinary powers on the Minister for Immigration
- requires that applicants for citizenship have a knowledge of English which is set at an unfairly high level.
The Senate committee is due to report on 4 September 2017.
NSWCCL PUBLIC STATEMENT
The NSWCCL calls for the withdrawal of this extraordinary Bill. It is unwarranted, unnecessary legislation.
It is a harsh response in a context which calls for more responsible, compassionate and sustainable remedies to the serious policy failures of Governments which have left so many people homeless in Sydney.
The existing powers that NSW Police have under LEPRA (Part 14) and ) and the Crown Lands Act (Sections 156, 157) are more than adequate to remove persons who present any danger or threat to the public or are engaged in any unlawful activity in Martin Place.
Homeless people sleeping in Martin Place- or other public place- are not acting unlawfully.
This Bill effectively criminalises homelessness. It is a retrograde step, contrary to the move to abolish the crime of vagrancy and other victimless crimes more than 30 years ago.
Homeless people may be causing some level of inconvenience to the public, but some level of inconvenience may be the cost we have to pay for the major homeless problem we have in Sydney.
Inconvenience can be managed more compassionately and responsibly than by rushing to force homeless people out of Martin Place when many will, of necessity, occupy other public space in inner Sydney.
NSWCCL urges the Government to abandon this rash Bill and re-engage with the City of Sydney Council and other agencies to find more sustainable solutions. Homeless people should not be forcibly removed from public spaces until alternative ongoing accommodation is available for them.
The reallocation of the purpose built Sirius building to the current inner city homeless is one obvious part of the longer term solution that could be implemented quickly.
NSW Council for Civil Liberties calls for stronger protection of the right to political protest. The recent media statements by the Premier Gladys Berejiklian, Pru Goward and Tony Abbott concerning the homeless people camping in Martin Place highlight the need to protect our right to political protest.
Protection of civil liberties is weak in Australia. The Constitution contains a weak protection of the right to political protest. In NSW we do not have the protection of a bill of rights.
Peaceful political protest often involves disruption of public spaces. If we view the right to peaceful political protest as worth upholding, the community may need to tolerate some inconvenience.
Public statements by politicians to the effect that the police should be required to dismantle peaceful political protests occurring in public spaces ignore the fact that the right to political protest is a fundamental right in a mature democracy.
Now is the time to revisit the need for a bill of rights – visit Human Rights for NSW
Civil penalties for non-consensual sharing of intimate images -“revenge porn”
In a recent submission to the Department of Communication & the Arts, NSWCCL made specific recommendations to a proposed Commonwealth government prohibition on non-consensual sharing of intimate images, colloquially referred to as “revenge porn”. We also addressed the question of appropriate civil penalties to deter, prevent and mitigate harm to victims, by individuals and content hosts, who breach the prohibition.
NSWCCL considers the non-consensual sharing of intimate images to be a privacy issue. It occurs when experiences, deemed private, are distributed without consent to the public, the victim’s family, work mates, employer or friends. Nonetheless, privacy requires a balance of interests, therefore defences of public interest and consent should be available to the perpetrator.
The prohibition proposed by the government would be modelled on the Enhancing Online Safety for Children Act 2015 (Cth) (EOSC Act). NSWCCL agrees that many of the provisions in the EOSC Act are suitable to deal with the non-consensual sharing of intimate images. The EOSC Act establishes the role for a Commissioner to oversee a cooperative social media service scheme. The Commissioner is also authorised to approach the Federal Court for civil penalties, enforceable undertakings and injunctions. A great benefit to complainants is that once a complaint proceeds, the Commissioner’s office takes over the process for removal of the material. NSWCCL agrees that the Commissioner should have a similar role to deal with non-consensually shared intimate images.Read more
As part of its response to the Coroner's Report on the Lindt Cafe seige and other recent terrorist events in Australia the NSW Government has flagged a package of new counter-terrorism laws which it will implement. Much of this legislation will be part of a new national counter-terrorism package which is to be more thoroughly considered by a special COAG meeting in the near future.
Today however, the question of careful consideration was not on the agenda when the NSW Government introduced the TERRORISM LEGISLATION AMENDMENT (POLICE POWERS AND PAROLE) BILL 2017 with the intention of forcing it through Parlaiment in one or two days.
This Bill extends police powers to use lethal force in a declared terrorist incident as well as mandating a presumption against parole for people who have demonstrated support for or links to terrorist activity.
NSWCCL is deeply concerned about aspects of this Bill -especially the proposed broader trigger for the use by police of lethal powers (shoot to kill powers) in a declared terrorist incident- or a likely terrorist incident.
We do not consider it necessary- police have adequate and appropriate powers to use lethal force now when there is an imminent or immediate threat to life or of serious injury.
We consider it likely to have unintended and potentially dangerous consequences.
We are appalled that this Bill is being pushed through the NSW Parliament without reasonable time for consideration of the detailed drafting by the Parliament itself or the legal community.
The Bill was passed by the Legilsative Assembly this morning after a short and perfunctory debate. Only the Greens opposed it. No doubt it will be pushed through the Legislative Council this afternoon.
NSWCCL registers its concern at this hasty process and our opposition to the Bill in its current form.
The Minister for Immigration and Border Protection, Peter Dutton, recently set a deadline for asylum seekers living in Australia to make their applications for protection. There about 7,500 people affected. Each adult has to fill in a complex 41 page form, and to fill in a 25 page form for each of their children, babies and all.
Asylum seekers have only one chance to apply for protection, and mistakes on their forms will lead to some being sent back to the dangers from which they have fled. Any inconsistencies, for example with what they said when they arrived in Australia, can be fatal.
Mr. Dutton is not providing the legal assistance essential to ensure that the forms are completed appropriately, nor does the government provide the interpreter services that are required. Volunteer organisations and lawyers acting pro bono do not have a hope of completing the work in time.
We are asking you to write to your member of parliament, to a senator, and to the minister, asking them to remove this deadline, and request that legal and interpreter help is funded by the government.
Could you please let us know if you are in communication with any members of parliament on this issue.
Martin Bibby, Convenor, CCL Asylum Seekers Action Group
We have been working with Amnesty International on a campaign to generate support for a NSW Bill of Rights. Victoria has one. The ACT has one. Queensland is getting one. It is time we had a human rights act in New South Wales. There have been two previous attempts to introduce a human rights act in New South Wales. The last attempt was over 10 years ago.
It is time to try again. Go to humanrightsfornsw to find out more.
In a surprising -and disappointing- intervention Minister Dutton has written to the Muslim Legal Network (MLN) querying the intention behind a section of their recently launched guide to anti-terrorism laws: ASIO, the Police and You.
The clear implication from the Minister was that the MLN were intentionally providing guidance to assist persons with terrorist or related criminal intentions to avoid detection by the Australian Border Force or AFP.
The extraordinary thing about this totally unwarranted distortion of the clear intentions of the guide (and its three earlier editions since 2004) was that the specific section cited as disturbing by the Minister was closely modelled on advice provided by a NSW Regional Coordinator of the Australian Border Force and their own official fact sheet "Border Advice for Hajj Traveller" issued in 2015.
As anyone reading this document would know the intentions behind the publication are totally constructive and positive.
This guide was produced for the same reason the three earlier editions were: to provide the community with a clear and understandable description of these laws and the rights and responsibilities of citizens in relation to them. Surely that is a positive!
The MLN has replied to the Minister and circulated a media statement repudiating his sinister interpretation of the guide. Nonetheless, they will slightly amend the wording to more strongly emphasise their positive intention.
NSWCCL considers the Minister's distorted interpretation to be deeply disturbing. We hope it does not signal an unwarranted and biased focus on this community guide to C-T laws because it was produced by a Muslim legal network.
We commend this 4th edition of ASIO, the Police and You. It provides a much needed service to the community - and we are very pleased that NSWCCL has contributed to all of the editions since 2004.
Dr Lesley Lynch
A much needed, plain English guide to Australia's complex array of counter-terrorism laws was launched tonight by the Australian Muslim Civil Rights Advocacy Network (AMCRAN) and the NSW Muslim Legal Network (MLN). NSWCCL was very pleased to assist in this enterprise by reviewing and advising on aspects of the publication - as we also did in its earlier versions of 2004 and 2007.
AMCRAN and the MLN have delivered again on very important and difficult project. It is a time-consuming and complex forensic task to analyse the 80 plus counter-terrorism laws in Australia to extract accurate and reliable information for citizens who might be impacted by these laws and their legal representatives.
The initial edition of this guide was in response to a community need to understand new laws that were not only very complex but markedly different in their implications for rights and responsibilities of citizens- and the powers of ASIO and the AFP. This 2017 edition incorporates the virtual tsunami of new counter-terrorism laws passed in recent years- significant parts of which the NSWCCL, the Law Council of Australia and many community groups strongly opposed.
Significant changes covered in this version include:
"new offences of advocating terrorism and genocide; the new offence of travelling to declared areas; laws affecting citizenship and passports; the introduction of named person warrants; the introduction of mandatory metadata retention laws; laws allowing control orders to apply to children as young as 14 years; and the increase of the powers of both the Australian Security Intelligence Organisation (ASIO) and the Australian Federal Police (AFP)". (Preface to the 4th edition)
This guide will help the the community to understand the reach of current counter-terrorism laws and the powers of ASIO and the Australian Federal Police. It may also be helpful for ASIO and AFP officers. It is a terrifically important publication - and we congratulate the MLN and AMCRAN and the other individuals who assisted with the writing and review process.
We are fairly confident - along with the publishers - that this will not be the final version.
In the near future NSWCCL will be collaborating with other interested groups to run forums to familiarise interested people with the contents and significance of this updated guide.
Dr Lesley Lynch
Convenor National Security and Counter Terrorism Group.