New South Wales Law Reform Commission: Review of Guardianship Act 1987
We acknowledge that persons without decision-making abilities, or a limitation thereof, are
vulnerable members of society, and such persons should be supported to make decisions
concerning crucial aspects of their lives in order to be afforded an opportunity to live as
comfortably and freely as others. Hence, insofar as the draft proposals of the New South
Wales Law Reform Commission (‘NSWLRC’) on its review of the Guardianship Act 1987
(NSW) promote these individuals’ civil liberties in both the public and private domains, we
support the proposed changes to the current arrangements existing under the Guardianship
Act 1987 (NSW).
Overall, we strongly endorse the NSWLRC’s draft proposals because we believe that the new
framework, as contemplated by the Assisted Decision-Making Act, better protects and
promotes the civil liberties of persons affected than the schemes supported by the
Guardianship Act 1987 (NSW). As a result, this submission will be limited to only those
aspects of the NSWLRC’s draft proposals which could be improved to better protect civil
liberties of the persons affected.
Read full submission: Discussion and Recommendations
The Legislation Review Committee (LRC) was created as an alternative to the adoption of a
Bill of Rights for New South Wales. It has not functioned well, and is no substitute for such a
We have noted problems in relation to uneven performance, lack of time, “urgent” bills,
lack of impact, lack of clear standards, poor argument, lack of expert input and lack of
attention to delegated legislation. The problems are manifest on the LRC’s own website—
in its annual reports, its legislation review Digests and its Information Paper.
The roots of most of these problems lie in the lack of time provided for the LRC to do its job,
and in the entrenched culture within the NSW Parliament of ignoring its views.
The NSW Council for Civil Liberties (CCL) welcomes the opportunity to respond to the
Consultation Paper by the NSW Sentencing Council: Victims’ involvement in sentencing.
(September 2017) (The Paper).
The Paper provides a useful summary of the range of issues around victims’ involvement in
sentencing. CCL has focussed on responding briefly to questions relevant to the issues we regard
as important from a civil liberties perspective. We have focussed on answers rather than
reworking the arguments for various possible responses – as these are reasonably familiar and
are well covered in the Paper.
We have not responded at this time to the questions relating to restorative justice but hope
there may be a later opportunity to provide some input as to our views on this very important
The NSW Parliament is this week considering two disturbing proposals for new laws creating ‘Serious Crime Prevention Orders’ and ‘Public Safety Orders’ to combat organized serious crime.
The NSW Council for Civil Liberties (NSWCCL) has major concerns about both these proposals.
The Serious Crime Prevention Orders (SCPO) regime is an extraordinary, unwarranted and dangerous proposal.
It imposes major controls on persons – including not only those who have not been charged or convicted of any criminal offence- but also persons who have been found NOT guilty or have had their convictions quashed.
The target group potentially caught up in this regime is huge and includes law abiding citizens.
The SCPO will constitute a rival criminal justice regime to the courts. It allows police to sidestep the courts for the less rigorous option of imposing open-ended control orders on specified persons. A person found not guilty can notwithstanding have strict controls on their lives imposed for 5 years.
The Organised Crime and Public Safety Bill will give police unprecedented discretionary powers to stop a person (or ‘class of persons’) from attending public events, premises or areas.
The police officer has only to be ‘satisfied’ that the person’s presence poses ‘a serious risk to public safety or security’ and that the imposition of a public safety order is ‘reasonably necessary’. The grounds for making these judgements are very broad.
This Bill comes fast on the heels of the passage of the contentious and outrageous Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Bill 2016 in March.
A person who contravenes these orders will be committing an offence with a penalty of up to 5 years imprisonment.
These Bills are part of an accelerating trend of disproportionate and extraordinary laws which undermine individual liberties and rights and the Rule of Law in NSW. This trend must be resisted.
NSWCCL urges the NSW Parliament to reject both these unjustified and unnecessary Bills.
For more information on this bill: