Civil and human rights

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 reaffirms argument for urgent democratic reform of the Senate electoral system

NSWCCL has made two submissions and given oral evidence to the various stages of the Parliamentary Inquiry into the conduct of the 2013 federal election.  Initially we responded to a useful private members bill introduced by Senator Xenophon advocating optional preferential voting for the Senate. NSWCCL supported that bill in a submission made in December 2013.  Subsequently on 7 February 2014 NSWCCL gave oral evidence before the Federal Parliament’s Joint Standing Committee on Electoral Matters in which we articulated a set of civil liberties principles that guided our analysis and which we believed had been breached by the 2013 voting processes.

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Supplementary Submission: Commonwealth Electoral Amendment (Above the Line Voting) Bill 2013 - Inquiry into all aspects of the conduct of the 2013 Federal Election

NSWCCL has made a supplementary submission to the Joint Standing Committee on Electoral Matters on the Commonwealth Electoral Amendment (Above the Line Voting) Bill 2013.

There is a need to reform the electoral system to ensure that it translates cast votes into a Parliament truly reflecting the collective view of voters.

The following reforms must be made:

  • Introducing optional preferential voting in Senate elections both above and below the line
  • Abolishing group voting tickets for Senate elections
  • Reforming the party registration system.

Failure to reform the electoral system is not an option. Doing so would bring it into further disrepute.

Click here for the supplementary submission

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Submission: Exposure draft Racial Discrimination Act 1975 (Freedom of Speech Repeal of S.18C) Bill 2014

NSWCCL totally opposes the amendments to the Racial Discrimination Act 1975 (Freedom of Speech Repeal of S.18C) Bill 2014 issued as an exposure draft by the Commonwealth Attorney-General on the 25th March 2014.

The amendments will dramatically narrow the definition of unlawful racist speech and the contexts in which racial vilification will be allowed are so broad as to include almost every context in which public racist abuse could occur. The Act will effectively be gutted removing vital protections against racial vilification that have worked well for 20 years.  

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NSWCCL requests withdrawal of repeal of INSLM role from red tape bonfire

Independent Monitor of counter-terrorism laws and intelligence agencies should not be abolished in Government’s ‘red tape bonfire’. NSWCCL urges Government to rethink, and failing that, parliament to block this unflagged repeal of an important and independent player in the oversight and monitoring of extraordinary counter-terrorism laws and the ways intelligence agencies interpret and use them.

NSWCCL Statement (pdf)

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Submission: Inquiry into the Commonwealth Electoral Amendment (Above the Line Voting) Bill 2013

NSWCCL has called for major reform of the Senate electoral system to ensure Senators are only elected if they have enough voter support and not due to inter-party preference deals. 

We made a submission to a parliamentary inquiry calling for the introduction of optional preferential voting in Senate elections and abolishing inter-party preference deals. This would mean that voters could vote for as many or few Senate parties and candidates as they wished and their preferences would be counted exactly as the voter indicated on the ballot instead of following an inter-party preference deal.

View submission

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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.

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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.

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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.

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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.

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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. 

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