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
NSWCCL asks for explanation for 'vexatious' charges against CSG protestors
The NSW Council for Civil Liberties has written to the Commissioner of Police and Minister for Police asking for an explanation for issuing a ‘trivial’, ‘weak’ and ‘vexatious’ charge against CSG demonstrators, and for assurance that no political purpose or pressure was involved. CCL has also asked the Ombudsman to investigate.Read more
NSWCCL urges Premier and NSW Parliament to defer or amend Bill extending police 'arrest without warrant' powers
The New South Wales Council for Civil Liberties today wrote to the NSW Premier, Minister for Police and Attorney General urging the deferral and amendment of the Law Enforcement (Powers and Responsibilities) Amendment (Arrest Without Warrant) Bill 2013. A copy of the letter was also sent to all NSW MPs.Read more
NSWCCL urges NSW Parliament to reject Zoe's Law No. 2
The New South Wales Council for Civil Liberties has written to all NSW State MPs, urging them to heed to widespread concerns of civil society and reject the Crimes Amendment (Zoe's Law) Bill (No. 2) 2013.Read more
Spreading 'out of control' parties legislation is unnecessary and disproportionate
The New South Wales Council for Civil Liberties is concerned by the apparent spread of Western Australian legislation aimed at organisers of "out of control" gatherings. The Queensland Government is currently drafting similar legislation that includes imprisonment and significant fines for organisers, including parents of children whose parties become uncontrollable.Read more
Push for further restrictions on prisoners' right to vote
The NSWCCL opposes the Coalition's policy to widen the disenfranchisement of prisoners by banning those imprisoned for between 1 and 3 years from voting.Read more
Submission: Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013
NSWCCL has made a submission to the Senate Legal and Constitutional Affairs Legislation Committee concerning the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013.
"Both world-wide historically and in Australia in recent times there has been much discrimination and worse against LGBTI people.1 Unlike, say religious or political views, people cannot change such characteristics (and if they could, they should not be expected to). Though some protection is provided by State and Territory legislation, the provisions vary between these jurisdictions, and their coverage is restricted. The bill will contribute to an improvement in LGBTI persons' situation. We urge its speedy passage--as an important measure until a revised Human Rights and Anti-Discrimination Bill is introduced."
Submission: Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013
NSWCCL has made a submission to the Senate Legal and Constitutional Affairs Legislation Committee concerning the Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013.
"the proposals in the bill have the potential to impact greatly on many Australians, young and old alike, who do not necessarily possess any criminal intent, without providing sufficient nexus to the more serious offences the bill aims to prevent."
Submission: Federal Court Fee increases since 2010
NSWCCL has made a submission to the Senate Legal and Constitutional Affairs Committee concerning the impact of Federal Court Fee increases since 2010 on access to justice in Australia.
"The ability to access the courts is a civil right. It is essential that persons can access the courts to ensure that they are able to exercise their freedoms and liberties and enforce their rights and others’ obligations.
All persons must, as a matter of their civil rights, have the capacity to access the Federal Court regardless of their financial situation or other means. In addition, the fees associated with accessing the Federal Court must not act as a material detriment to their accessing the court if they judge that doing so is an appropriate course of action."
Submission: Human Tissue Amendment (Trafficking in Human Organs) Bill
NSWCCL has made a submission to Greens MPs in relation to their invitation to comment on the draft Human Tissue Amendment (Trafficking in Human Organs) Bill and the accompanying discussion paper.
"We have considered the clauses carefully. We cannot support the proposed legislation.
...CCL holds therefore that legislation which is to operate extra-jurisdictionally outside Australia should be confined to matters where the United Nations has mandated such extrajurisdictional operation in an international treaty."
Submission: Review of the Summary Offences Act 1988 (police move-on powers)
NSWCCL has made a submission to the NSW Ombudsman concerning their review of the Summary Offences Act 1988 Section 9: Continuation of intoxicated and disorderly behaviour following a move on direction.
The submission expresses concerns regarding the loose definition of 'disorderly' conduct, and the subsequent high degree of discretion granted to police in determining whether behaviour is disorderly.
"In the view of the NSW CCL, behaviour can only be considered 'disorderly' if it disrupts the order of the environment for other people at the time the behaviour takes place or some in the future - behaviour can only be considered 'disorderly' in respect of its impact on other people. It makes no sense for behaviour to be considered disorderly if there is no disorder created for one or more other persons."