This Group covers a broad range of civil liberties and human rights issues, focussing on those that don’t naturally fall within the other groups. Priority areas in the last few years have included: a Human Rights Act for NSW, along with the ongoing campaign for an Australian Charter of Rights; climate justice; LGBTIQ+ rights, women’s rights; anti-discrimination law; freedom of expression; and achieving better and more democratic governance through balanced and effective anti-corruption bodies and reform of the framework for delegated legislation.
We also track Australia's human rights violations.
A current focus area is our right to protest
Concern regarding disproportionate police response to peaceful bicycle helmet protest
The NSW Council for Civil Liberties is concerned by the heavy handed response of the NSW Police to a peaceful protest on Saturday 17th March 2018 by people on bikes calling for reform to mandatory helmet laws.
While coordinated action in other cities across Australia and New Zealand passed without incident, in Sydney the police dispatched seven police cars to intercept and stop a planned "helmet optional" bike ride along the Grand Drive cycle lane in Centennial Park, threatening participants with $330 fines.
This action by police was grossly disproportionate to any conceivable safety concerns, a waste of public resources, and fails to respect the fundamental right to peaceful protest in a democratic society. Any fines issued during the protest should be immediately withdrawn.
Read moreReligious Freedom Review
NSWCCL Submission: Religious Freedom Review
There are four areas in which rights might be better dealt with in Australian law: freedom of speech, (for and against religions), freedom to practise, freedom from discrimination and protection against hate speech and incitement to violence.
This submission is in the way of a statement of the NSWCCL’s general views on the issue and
areas we think are in need of attention:
- Human rights and Australia’s obligations: International law
- Australian Law—a summary.
- Four areas in which rights might be better dealt with in Australian law
- The relation between freedom of religion and other rights.
- The functions of a bill of rights.
- Relevant sections of Australian bills of rights.
- Balancing principles.
Submission to New South Wales Law Reform Commission: Review of Guardianship Act 1987 - February 2018
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).
Read moreSubmission to NSW Joint Legislation Review Committee inquiry into Legislation Review Act - November 2017
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 bill.
NSWCCL Submission: The Role and Function of the Legislation Review Committee
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
bill.
Read more
Policy statement (2017) - voluntary assisted dying
The NSW Council for Civil Liberties has long supported the legalisation of Voluntary Assisted Dying measures. While noting that, compared with existing VAD legislation in other jurisdictions, it is very conservative, the NSWCCL will actively campaign for the passage of the Voluntary Assisted Dying Bill currently before the NSW Parliament.
Stephen Blanks comments that what is not before the public is advanced legislation in NSW and it will come to the table 15 November or sometime later next month. We have a motion which is very timely and in reflection in our long support the bill before the NSW parliament.
Policy statement (2017) - national integrity (anti-corruption) commission
The NSW Council for Civil Liberties, alarmed at the corrosive effect of pervasive and serious corruption within, and related to, Government and public administration at the national level, strongly supports the urgent need for a national anti-corruption body.
This body should have a broad ambit across public administration (core public service bodies and public sector corporations), public sector contractors and parliament and politicians.
While such a body must have effective power to address current corruption, there must also be effective constraints and transparent oversight to ensure that the balance between the protection of individual rights and the fight against serious corruption is as well balanced as can be devised.
Policy statement (2017) - national human rights charter
The NSW Council for Civil Liberties reaffirms its long standing active support for a national human rights charter.
The recurrent resistance of Australia’s politicians to a number of widely supported attempts to introduce a national human rights bill/charter over the last 44 years has left Australia as the only liberal democracy without either constitutional or statutory broad protection for fundamental human rights.
This has been a significant factor in allowing the proliferation of national laws which seriously and unwarrantedly breach human rights and liberties. The extreme manifestations of this trend in the areas of counter-terrorism and refugee law and policy in recent years necessitates a renewed community effort.
The NSWCCL will again give priority to joining other progressive bodies to campaign for an Australian Human Rights Bill in the context of the next federal election.
Policy statement (2017) - marriage equality
The NSW Council for Civil Liberties, consistent with its long-standing support for GLBT rights, strongly supports marriage equality and urges the Australian Government and/or the National Parliament to amend the Marriage Act 1961 to achieve this equality.
The current same sex marriage statistical survey is an inappropriate, seriously flawed and undemocratic exercise intent on delaying Parliament addressing the issue and generating divisive and harmful debate. Nonetheless, NSWCCL strongly urges the community to register a “Yes” vote so that Government has no excuse to further delay legislative action on this matter.
Regardless of the outcome of the flawed survey, NSWCCL urges the Australian Government and/or Parliament to address the issue in this parliamentary term and introduce and pass a marriage equality amendment consistent with clear majority support within the Australian community.
CCL opposes any weakening of anti-discrimination laws in connection with the passage of the legislation.
Policy statement (2017) - defence of the union movement
NSWCCL affirms the role of unions as an essential part of the Australian democracy in the defence of workers’ rights and affirms their right to support other organisations whose activities accord with their own.
