The NSW Council for Civil Liberties has made a submission to the Duty of Care Bill (Climate Change Amendment - Duty of Care and Intergenerational Climate Equity Bill 2023) inquiry.

Australia’s climate change framework currently leaves the Commonwealth unable to properly manage the development of emissions intensive activities. We need decision makers to be compelled to consider the health and wellbeing of current and future children when determining what is acceptable.

We are making our submissions on this Bill on the same day as the “School Students 4 Climate Strike” and are proud to endorse and support the voices of young people on this issue. The Council supports this Bill, and we urge the Commonwealth Government to support it as well.

19 December 2023 Update: The Review of the Modern Slavery Act 2018 Report was published on 19 December 2023 and acknowledged the significant extent and impact of modern slavery in NSW. The committee was particularly concerned to learn that an estimated 80 to 98 per cent of victim-survivors remain unidentified out of a possible 16,400 cases each year in New South Wales.

The Modern Slavery Act 2018 is therefore an important piece of legislation enacted to address the issue of modern slavery by requiring NSW Government agencies, local councils and state-owned corporations to report on how they are addressing modern slavery risks in their supply chains, and providing for the establishment of the NSW Anti-slavery Commissioner, the first such position in any Australian jurisdiction. The Act also creates modern slavery offences.

This review examined whether the Act is adequately addressing modern slavery risks and whether the Commissioner is effectively equipped to do so. The committee acknowledged that there is clear evidence highlighting areas where the Act can be strengthened, particularly in relation to the detection and exposure of modern slavery, compliance and enforcement, support for victim-survivors and the role of the Commissioner. This aligns with the evidence from NSWCCL in both our submission and our evidence to the committee. 

Finding 1 
That the committee needs to involve people with lived experience expertise in its review of the Act before making further recommendations, noting that this has not been possible given the requirement to complete the report within 24 months of the commencement of the Act.

Recommendation 1 
That the Modern Slavery Committee continue to review the Modern Slavery Act 2018 in the next six months specifically seeking evidence from people with lived experience expertise and considering the evidence already received.
Recommendation 2 
That the NSW Government seek to amend the Modern Slavery Act 2018 to explicitly provide for the Anti-slavery Commissioner's annual and other reports to be tabled out of session or made publicly available immediately after being furnished to the Presiding Officers, as provided for in the original Modern Slavery Bill 2018.

The report can be found here. Our submission can be found here.

The Global Slavery Index 2023 estimated there are 41,000 victims of modern slavery in Australia. In financial year ended 30 June 2022, authorities received 294 modern slavery reports in Australia, which was an increase of 31% from the prior year. It is also reported that an estimated 16.400 people in NSW are victims of modern slavery.

Even with these numbers being 'low' in comparison to other jurisdictions, it is estimated only 1 in 5 victims are detected in Australia. Roughly 1670 modern slavery cases have been referred to the Australian Federal Police but only 31 offenders convicted.

The NSW Council for Civil Liberties (NSWCCL) welcomes the long-overdue review of the NSW Anti-Discrimination Act 1977. In its nearly 50-year history, this legislation has had only one review, the recommendations of which were not fully implemented.

In our submission, the NSWCCL provides tangible recommendations that would ensure the Act is modernised to make it simpler and more efficient but also to ensure it reflects changing community attitudes.

The NSW Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the Parliamentary Joint Committee on Human Rights (Committee) Inquiry into Australia’s Human Rights Framework.

The NSWCCL fundamentally supports enhanced and enforceable protections for human rights in Australia. The NSWCCL is a member of the Charter of Rights (Charter) campaign coalition, an alliance of 90 organisations across the Australian community and endorses the Charter campaign submission to this Inquiry.

In our submission we have made a number of recommendations for the proposed framework. 

Ian Fry, Australian National University Professor and Tuvalu’s former ambassador for Climate Change for over 21 years, was appointed in May 2022 by the UN Human Rights Council, as the first Special Rapporteur on climate, following the overwhelming vote to recognize the Right to a Healthy Environment, in 2021.

Recently the Special Rapporteur called for inputs on the promotion of human rights in the context of climate change.The NSW Council for Civil Liberties welcomed the opportunity to make a submission.

Climate change is an urgent threat to humanity and to the full enjoyment of fundamental human rights. Threats to the environment are threats to everyone, and collaborative efforts at national, regional, and global levels are required for effective climate action.

NSWCCL made a submission to the Modern Slavery Review Team in November 2022 outlining four key recommendations to the legislative framework. 

On 25 May 2023, the government tabled the Review of the Modern Slavery Act in Parliament which considers the current legislation and the operation of the Act in the first three years of implementation. The Act and its administrative implementation were considered as part of this review.

Australia’s decision in November 2022 to prioritise Myanmar nationals for humanitarian visas sends a clear signal that Australia recognises the humanitarian disaster in post-coup Myanmar and we welcome this decision. However, we believe the Australian Government should seize this moment to also include the Rohingya in this arrangement.

The New South Wales Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the Senate Standing Committee on Legal and Constitutional Affairs in regard to The Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023 (the Bill).

Freedom of expression does not give licence to individuals to engage in expression which engenders hate and incites violence. To that end, we support the principles underpinning the bill. However, the council believes it is the promotion of Nazi ideology which should be criminalised. To the extent that this Bill falls short of that objective, it is inadequate.  It seeks to criminalise only one aspect of the promotion of Nazi ideology – the display of Nazi symbols.  That does not go to the heart of the problem.  Careful consideration of how to prevent the promotion of Nazi ideology is required – the criminal law is only one of the required tools; other tools are required – education, engagement, diversion – and the criminalised conduct should be the core of the offensive conduct, not a superficial aspect.  

NSWCCL supports the right to decide whether or not to receive a vaccine. We acknowledge that people have valid reasons for choosing to refuse a vaccination (including medical and religious reasons). NSWCCL also supports the objective that the broader community is deserving of the greatest level of health and wellbeing available to them.  This includes employers and business providing a safe work environment and complying with state and federal work health and safety laws, employees and other workers having the right to a safe work environment, and vulnerable and at-risk members of society who are susceptible to the effects of COVID-19 (e.g. the immunocompromised) being safe in the community.

In our view, the Bills in question, unreasonably and disproportionately protect the unvaccinated at the expense of the rights of other members of the community. Based on the generally accepted medical science, the Bills are incompatible with human rights.

The 25 March NSW state election comes at a time when civil liberties in this state are under siege. Our right to protest and freedom of speech have been assaulted by both major parties with their joint support for the now infamous Roads and Crimes Legislation Amendment Bill 2022. The laws criminalise even brief obstruction of a road, train station, port or other piece of public or private infrastructure. The penalty is up to two years imprisonment and or a fine of up to $22,000. Freedom of assembly, political participation and freedom of expression should be core values and beliefs of our political leaders, instead we have leaders who are determined to shut down peaceful protest.