What the Bill Protects

• Recognition and equality before the law and freedom from discrimination
• Freedom of thought, conscience, religion and belief
• Freedom of opinion and expression
• Right to peaceful assembly and freedom of association.
• Rights of First Nations Peoples
• Right to a clean, healthy and sustainable environment
  
• Right to a fair trial and rights in criminal proceedings
• Economic, social and cultural rights
  

No Rights Without Remedy

NSWCCL and Liberty Victoria advance four core propositions in our submission to the Royal Commission on Antisemitism and Social Cohesion. .

First, antisemitism is one form of racism and religious intolerance experienced by minority groups in Australia and must be addressed. However, it should not be treated in isolation or elevated above other damaging and pervasive forms of racism and religious intolerance. Antisemitism must be tackled as part of, and not separately to, a broader effort to tackle racism and religious intolerance in Australia.

Second, racism and religious intolerance are complex societal issues that require nuanced solutions. We cannot police or legislate our way to tolerance, respect, or social cohesion. The horrific violence at Bondi, and other instances of hatred based on racism and religious intolerance, demand evidence-based responses that focus on preventative approaches to address drivers of racism.

Third, Liberty Victoria and NSWCCL urge the Royal Commission to take an approach to tackling antisemitism and strengthening social cohesion that is grounded in principles of universal human rights and respect for civil liberties. In particular, we encourage the Royal Commission to focus its recommendations on proactively promoting a vibrant and dynamic democratic society, in which people are encouraged to exchange ideas and participate in robust discussion, debate and protest. Vitally, any restriction on democratic freedoms and human rights should only be recommended where there is a transparent evidence base as justification, and where such restrictions represent the minimum possible intrusion on rights to bring about the stated aims. In particular:

1. We urge the Royal Commission to protect the right to protest and free political communication, as fundamental democratic rights. Protest can encompass activities that cause disruption and make some people feel uncomfortable or challenged, and those activities must be protected.
2. We caution against the Royal Commission making recommendations which focus on expanding censorship and surveillance, restricting lawful protest and political speech, and expanding the criminal law.

The New South Wales Council for Civil Liberties (NSWCCL) welcomes the opportunity to contribute to the NSW Law Reform Commission (Commission) ‘Consultation paper: Unlawful Conduct’ (Consultation paper) concerning the Anti-Discrimination Act 1977 (NSW) (ADA) Review (Review).

NSWCCL made a submission, dated 28 September 2023, to the Commission in relation to the Review of the ADA. That submission is referenced in the Consultation Paper and is listed in Appendix A: Preliminary submissions as PAD21 (PAD21).

NSWCCL continues to endorse and relies on the comments and recommendations made in PAD21. It will also be referenced in this submission.

It is noted that the terms of reference, in this Consultation paper, consider issues relating to the tests for discrimination, who is protected, the areas in which discrimination is prohibited and exceptions. It also considers harassment, civil vilification and other unlawful acts, as well as liability and measures to promote substantive equality.

In our submission NSWCCL raised concerns that criminal offences should remain a last resort given their impact on freedom of expression and the risk that police will use them to target people in discriminatory ways. 

NSWCCL has, for many years, maintained that Alcohol and Other Drug (AOD) use should be addressed as a health and social rather than a legal issue. It therefore advocates the transfer of powers relating to drug use from the criminal justice system to the health system.

The Council also supports the policy of harm minimisation, rather than zero tolerance, in treatment of the effects of AOD, and more equitable access to safe and appropriate AOD services, including for priority populations in the National AOD strategy such as young people, First Nations communities, people in contact with the criminal justice system, and LGBTQI+ people.

2 October 2024

Dear Commissioner,

We write concerning your intention to apply to the Supreme Court for the prohibition of the holding of public assemblies by Palestine Action Group on 6 and 7 October. We strongly urge you to reconsider your decision to apply to the court and instead work with assembly organisers to facilitate the exercise of the democratic right of protest under the protections in the Summary Offences Act and in line with the government’s human rights obligations.

The New South Wales Council for Civil Liberties (NSWCCL) wholeheartedly supports the establishment of a Truth and Justice Commission to address injustices suffered by First Nations Peoples in Australia. The proposed Bill, currently before a Parliamentary Inquiry, represents a crucial step towards implementing the Uluru Statement from the Heart—a document NSWCCL endorses in full.

The Truth and Justice Commission, as outlined in the Bill, will have investigative powers to examine historic and ongoing injustices experienced by First Nations Peoples. Its primary aim is to provide recommendations to Parliament based on truth-telling about Australia's colonial history, paving the way for national reconciliation.  

The right to adequate housing as a fundamental human right is recognised under Australia’s international human rights obligations. All Australians should have access to adequate housing in fulfilment of their human rights. The human right to housing is also pivotal in ensuring the realisation of many other human rights.

NSWCCL supports the aims of the Bill which enshrines a human rights-based approach to housing in legislation. In Australia, the lack of a meaningful and well-informed national housing plan has undoubtedly contributed to the current housing crisis, placing millions of people under significant social and economic pressure. Home ownership affordability, an increasingly competitive rental market and stagnant public housing availability and poor housing accessibility for people living with disability are all by-products of this crisis.

Australia is a party to the International Covenant on Economic, Social and Cultural Rightswhich provides that adequate housing is a human right. If climate change makes insurance for housing unaffordable or unavailable for more people, the fulfilment of this right is made even more difficult in the context of a housing system already in crisis.

Our governments, at all levels, need to act. The climate emergency is accelerating with breathtaking speed. The frightening frequency of climate-related disasters further validate the concerns of NSWCCL as we continue to advocate for more ambitious climate action.

Cannabis is criminalised in New South Wales (NSW) with use, possession, cultivation and supply being the key offences. Cannabis has long been the most widely used illicit drug in Australia. In 2022–2023, 11.5% of people in Australia had used cannabis in the previous 12 months, around 2.5 million people. In comparison, the next most common illicit drugs (cocaine and ecstasy) were used by around 3% of Australians.