This group focuses on the laws, policies and practices relating to the criminal justice system, police powers, and the legal rights of persons with mental illness. In broad terms the group advocates for the protection of the fundamental rights and liberties of citizens (including the presumption of innocence and the right to a fair trial) in the justice system. These liberties and rights are currently under pressure from governments.
Nearly 18 months after the 'Ice' Inquiry recommended decriminalisation, diversion, and a whole-of-government approach, the NSW Government's Final Response is missing in action.
Meanwhile, community support for a health and education based approach is growing: the 2019 National Drug Strategy Household Survey showed that 57% of Australians supported pill testing, while the most common action supported for people in possession of drugs including amphetamines was ‘referral to treatment or an education program’.
The NSWCCL urges the Government to publish its Final Response as a matter of urgency and to reconsider its opposition to measures that focus on health outcomes. It is time to fundamentally rethink our current approach to drug policy to better reflect our society’s values and expectations. We need an evidence- based approach that prioritises health and education and supports, rather than stigmatising, those affected by drug use.
For more: read our letter to the NSW Attorney General
Commonwealth Ombudsman: Only nine of nearly 2000 accesses to LBS by ACT Policing were properly authorised
NSWCCL is gravely concerned by a recent Report1 from the Commonwealth Ombudsman, which identified that many of the authorisations made by ACT Policing for access to telecommunications data between 13 October 2015 and 2019 were not properly authorised. Of the 1,713 individual accesses to location-based services (LBS) by ACT Policing for that period, only nine were fully compliant with the Telecommunications (Interception and Access) Act 1979 (TIA Act).Read more
The Council for Civil Liberties (NSWCCL) thanks the Department for Communities and Justice for its invitation to make a submission concerning the Review of Section 293 of the Criminal Procedure Act 1986.
'It is submitted that rather than providing a specific exception in relation to false complainants (as proposed by option 2) it is more desirable to consider what the principles and objectives that are sought to be achieved by this reform, rather than reactive reform in relation to a single factual scenario. Each case will bring its own unique factual issues and circumstances. Specific exceptions will often fall short of adequately dealing with the breadth of circumstances and issues of particular cases. Rather, an appropriately drafted discretion has the capacity to deal with a broader range of cases, provide protections in relation to the factors which must be taken into account and prevent piecemeal reform as other issues and factual scenarios arise in the future.'
2 March 2021
Prime Minister abrogates his responsibility to look into the allegations of historical rape
In response to questions at a press conference yesterday about allegations made by a woman that she was raped in 1988 by a man who is now a Cabinet Minister, the Prime Minister stated that he had reported the matter to the Australian Federal Police and that the Commissioner had indicated that there was “nothing immediate” in terms of necessary actions that he considered the PM should be taking. The Prime Minister said that he was awaiting the advice of the Commissioner on the status of “other jurisdictions” that could be potentially involved when the Commissioner was “in a position to do so”.Read more
The Law Enforcement Conduct Commission furnished its report: Inquiry into NSW Police Force strip search practices to Parliament on Tuesday 15th December, 2020.
It is the final report in the Commission’s ongoing inquiry into police strip search practices. The Inquiry represents a significant body of work, comprising a total of seven investigations, as well as analysis of NSW Police Force policies and training, and oversight of police investigations of complaints about strip searches.
PUBLIC STATEMENT – 9 NOVEMBER 2020
The New South Wales Council for Civil Liberties (NSWCCL) is opposed to the Drug Supply Prohibition Order (DSPO) Pilot Scheme Bill 2020 (the Bill) which provides police with extraordinary powers in circumstances where adequate powers currently exist to search and seize items related to drug activity.
The Second Reading Speech highlights that the purpose of the Bill is to “assist police to gather evidence of drug supply and drug manufacture effectively and efficiently”. The Bill is designed to have a “deterrent effect on a person subject to a DSPO, who may reconsider whether re‑engaging in a lifestyle involving the manufacture or supply of illicit drugs is worth the increased risk of police detection and further conviction”.Read more
2020 NSWCCL AGM
Item 9.2 Policy on ICAC
NSWCCL strongly affirms the crucial role of the Independent Commission Against Corruption in NSW. As Richard Ackland writes, the episode currently playing out with respect to Daryl Maguire, and incidentally, Gladys Berejiklian, is “a timely reminder of the disinfecting sunlight that ICAC is capable of shining”. To quote our President, “while the present proceedings may not encourage federal parliamentarians to move forward more speedily with a federal ICAC, they are certainly encouraging the electors to push for one.”Read more
Last month, 23 June 2020, three members of the NSWCCL Committee, President Nicholas Cowdery AO, QC, Vice-President Dr. Eugene Schofield-Georgeson and committee member Jared Wilk (co-Convenor of Human Rights and Civil Liberties Action Group), met with NSW Commissioner for Police Mick Fuller and Deputy Commissioner Jeff Loy. Law and policy issues relating to strip searching, drugs, protests and policing of Indigenous people were discussed.
The NSWCCL is grateful that the Commissioner and his deputy were willing to engage in meaningful and open dialogue with us. We consider this meeting and the willingness of the Commissioner to engage in future dialogue to be a positive development and an opportunity for constructive discussion in relation to the issues which are important to the Council’s principles and values.
We will continue to advocate strongly for improvements and reform in relation to law, policy and internal policies and guidelines which are relevant to policing and to work with the community to strengthen and protect civil liberties and human rights in NSW.
The NSWCCL has written to the Commissioner of Corrective Services NSW, the NSW Health Minister and the CEO of Justice Health to express concerns in relation to the health and safety of persons in custody in NSW in light of the current COVID-19 pandemic.
The Council notes that there have been no confirmed cases of COVID-19 within the inmate population and that 23 have been isolated for testing. We note that there was a confirmed case of a healthcare employee at the Long Bay prison hospital in March 2020.Read more
Police officers who conducted strip searches of children hadn't been properly trained and didn't understand the law on what they were doing, a series of landmark watchdog reports has found.
The conduct of NSW Police officers in carrying out strip searches of teenagers at music festivals has been found to be unlawful in a series of landmark reports by the NSW Law Enforcement Conduct Commission.Read more