NSWCCL has made a submission to the review of Part Eight of the Crimes (Appeal and Review) Act 2001
The legislation as presently embodied in Part 8 Crimes (Repeal and Review) Act 2001 (the Act) is contrary to the common law as it has developed over generations of cases here, in England and other common law countries. It is also in contravention of Article 14(7) of the International Covenant on Civil and Political Rights.
Australia has signed the International Covenant on Civil and Political Rights (‘the ICCPR’) and has made no reservations concerning double jeopardy or retrospectivity. Australia is therefore obliged ‘to respect and to ensure to all individuals within its territory...the rights recognised’ in the ICCPR, including the prohibitions against double jeopardy and retrospectivity.
NSWCCL proposes that the legislation be repealed.
NSWCCL has made a submission in relation to the Inquiry into the Deterring People Smuggling Bill 2011.
We object to the attempt made in the bill to retroactively criminalise the behaviour of so- called people smugglers. People are entitled to certainty about what the law requires of them; but retrospective laws are arbitrary, and deny them that certainty. Imposing criminal sanctions on people for doing what was legal when they did it is necessarily unjust.
There also appears to be a discrepancy between the perception of assisting refugees to arrive by boat (of which safety is a concern), compared to by air (often considered ok).
Refugees are often fleeing persecution or undesirable circumstances and are subsequently highly motivated to 'move on'. Those who assist them should not be demonised on that account.