In our submission NSWCCL calls for the age of criminal responsibility to be raised to 14 years old. This is essential in creating a fairer youth justice system. The incarceration of children under 14 is contrary to Australia's human rights obligations and international humanitarian law.

Children are harmed and traumatised by contact with the police, courts and prison. With evidence showing that incarcerating children leads to high recidivism rates, with nearly all children imprisoned between ages 10-12 reoffending as adults. This period of life is crucial in establishing pyscho-social support systems aimed at rehabilitation. 

Recent NSW statistics reveal significant legal actions against children under 14, predominantly for non-violent offences and disproportionately affecting First Nations communities. In the June quarter 2023, there were 812 young Australians aged between 10 and 17 in detention on an average night. 59% of them were First Nations
children and young people despite First Nations peoples making up 3.2% of the total Australian population. It is clear that incarceration and 'tough on crime' policies are not helping but rather contribute to exacerbating this disparity. One cannot speak of youth crime in a rural/regional NSW context without understanding the underlying racism of the justice system through the over-representation of First Nations children.

Resources should be devoted to reducing this over incarceration through Drug Court, Circle Sentencing, and through Justice Reinvestment where the underlying factors driving crime are addressed by investing in community-driven solutions and alternatives to incarceration.

The growing list of Alcohol Free Zones (AFZs) in Sydney has been a creeping imposition on the freedom of the community to use public space without any evidence that it achieves other positive public policy objectives.

Most parks around the CBD, Kings Cross and Redfern have been designated AFZs, as well as Martin Place, sections of The Rocks and Circular Quay. AFZs cover much of Darlinghurst, Surry Hills, Redfern, Waterloo, parts of Glebe and Newtown, main city roads, and roads around the casino. The City of Sydney has an extensive and effective Street Safety Camera program in which most public places are already monitored.

‘Prior good character’ is a factor that has long been relevant to the sentencing exercise in appropriate cases (cf Section 21A(3)(e) and (f) of the Act and the common law). Its application must be understood in the context of the sentencing task, and our submission commences with a brief survey of the nature of the sentencing task with a focus on general principles of particular relevance to this submission. The submission then turns to briefly state the law governing the operation of good character as a mitigating factor. Next, the submission sketches existing limitations on good character as a mitigating factor in sentencing. The final two sections contain NSWCCL’s assessment of the continued importance of good character as a mitigating factor in sentencing, and its consequent recommendations.

The New South Wales Legislative Assembly Committee on community safety in regional and rural communities is focused on investigating drivers of youth crime in regional and rural NSW and how community safety can be improved.

Rather than empowering the Government to criminalise more conduct, increase sentences, and more permissively incarcerate people, we urge the Committee to look to solutions which focus on the causes of crime, harm minimisation and creating connected and inclusive communities where children can thrive.

The New South Wales Council for Civil Liberties has serious concerns with respect to the recently announced “wanding” laws set to be introduced in New South Wales.

We understand that these laws would allow New South Wales police officers (of all ranks) to approach members of the public and to subject them to a search (without reasonable suspicion) under the guise that they may be carrying a knife.

We are concerned that the expansion of police powers will result in young people from low socioeconomic regions, particularly those from Culturally and Linguistically Diverse Communities (CALD), First Nations communities and people without fixed address, being subject to increased surveillance, harassment and intervention. It may also lead to an increase in people being charged for drug possession and other public order offences. We do not believe that these laws will have the same impact on communities in more affluent areas of Sydney and will disproportionately impact already vulnerable communities with poor relationships with the police.

These laws do not reflect the policies that the NSW Labor Government promised the public prior to the election, particularly around drug law reform and civil liberties.  With knife crime rates declining, and the penalty already having increased, as one of the first actions of the Minns government after the election last year, there is no reason for further action. Proactive policing does not serve as a deterrent for crime, nor does criminalisation and increased penalties.

The people of New South Wales deserve to have their government invest in evidence based, frontline youth services and community-led initiatives that strike at the heart of crime prevention, mental health illness and are centred on strengthening social cohesion and our civil liberties.

Read our letter to the NSW Attorney General here.

The NSWCCL recognises the importance of increasing the efficiency of jury empanelment, the provision of enhanced support for jurors to perform their role and reducing the expenditure of resources on trials that are ultimately aborted or result in hung juries. The NSWCCL also recognises the validity of majority verdict legislation in criminal and coronial trials. However, the NSWCCL is concerned that the proposed amendment to Section 55F of the Jury Act 1977 (The Act) may compromise a jury’s ability to properly consider the guilt to innocence of an accused person, and that such a compromise is made in exchange for a speculative and nominal reduction in the expenditure of resources on trials and reduction in hung juries. The NSWCCL is further concerned that the proposed amendment to Section 73A(1) of the Act unnecessarily broadens the investigative power of the NSW Sherriff’s Office (Sherriff). The broadening of the investigative power is significant and not safeguarded or constrained by current legislation.

The Sentencing Council released a consultation paper in September 2023 seeking further submissions on key issues identified in preliminary research and analysis.  The NSW Council for Civil Liberties (NSWCCL) was grateful for the opportunity to make a submission in response to this consultation paper.

Our submission focussed on offences involving custody of knives and questions raised in relation to items 5 and 6 of the Terms of Reference, namely:

• consider whether offences for which penalty notices are available remain appropriate;
• consider whether the maximum penalties for the offences are appropriate with reference to other jurisdictions.

The NSW Council for Civil Liberties has lodged a submission to the NSW Ombudsman with respect to the review of the Mandatory Disease testing Act 2021.

The Mandatory Disease Testing Act came into force in July 2022 and provides for mandatory testing of a person whose bodily fluid comes into contact with a health, emergency or public sector worker.

The making of a “mandatory order” compels a person to provide a blood sample, under the threat of prosecution for a failure to comply. If convicted, it carries a maximum penalty of twelve months imprisonment and/or a maximum fine of $10, 000.

2023 NSWCCL AGM

Item 7.2 Drug Reform Policy

NSWCCL welcomes the NSW government proposal for a pre-court diversion scheme affecting people caught in possession of small amounts of illicit substances. Under the changes, NSW Police will be given the ability to issue up to two on the spot Criminal Infringement Notices, which are $400 fines, to adults for personal drug use and small quantity drug possession offences. This is an encouraging first step towards broader drug reform however NSW Police will still retain their discretion in all cases to charge a person and proceed to court. It is still an offence to possess and use illicit drugs. Entry of a conviction or even a bond without conviction goes on a police record with possible drastic long lasting consequences for future employment and visas to enter other countries.