Free speech, media freedoms, privacy & whistleblowing

Core concerns for this group are protecting free speech and free media from unwarranted censorship and constraint and promoting open government and whistle-blower protection.


Joint Submission: Inquiry into Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014

Councils for civil liberties across Australia (New South Wales Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australia Council for Civil Liberties, Australian Council for Civil Liberties) have come together to make a joint submission on the Australian Government’s Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (the Bill).

The submission address the following issues:

  • Inadequate review timeframe
  • Extension of sunset clauses to 2025
  • Loose definitions and discretionary enforcement related to foreign incursion offences
  • Freedom of travel to 'No-Go Zones'
  • Scope of personal jurisdiction
  • Potential for indefinite arbitrary detention in lieu of timely consent for prosecution from Attorney-General
  • Advocacy offences an unreasonable imposition upon free speech
  • Potential abuse of delayed notification warrants
  • Unjustifiable revisions concerning travel document cancellation
  • Unnecessary enhancement/broadening of customs officers detention powers
  • Suspension of welfare payments retains right of review

NSWCCL has issued extensive public comment regarding this bill - read more here

Click here for the submission

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CCL's give testimony at Joint Committee inquiry into National Security Legislation Amendment Bill (No. 1) 2014

NSWCCL Secretary Dr Lesley Lynch and Civil Liberties Australia CEO William Rowlings have given testimony on behalf of Australian Civil Liberties Councils at the Parliamentary Joint Committee on Intelligence and Security public hearing, following a recent joint submission by the councils regarding the National Security Legislation Amendment Bill (No. 1) 2014.

Dr Lynch raised a number of concerns with the bill, including the lack of evidence-based justification for some of the enhanced powers, lack of effective oversight, the startling degree of ambiguity and loose definitions throughout and also an apparent lack of consideration of longer term impacts of legislation introduced to allegedly address short-term terrorist threats but ultimately remaining for the longer term. 

Read the transcript here

Read the submission

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NSWCCL rejects police commissioner's casual dismissal of privacy concerns

It is disappointing to see the Commissioner of Police's comments in the Sydney Morning Herald this morning defending warrantless access to databases containing personal information.  The police are opportunistically taking advantage of the proliferation of electronic databases which do not have strong privacy policies to protect members of the community against inappropriate release of their personal information.  In the absence of strong data protection laws and personal privacy protection, the only protection the public can get is through privacy policies which require law enforcement agencies to obtain warrants from an independent judge or magistrate before personal information is released.

Read the article here

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Civil liberties councils demand scrutiny of national security legislation

Public statement from The NSW Council for Civil Liberties, Liberty Victoria, The Queensland Council for Civil Liberties, The SA Council for Civil Liberties, Civil Liberties Australia

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Privacy concerns over Kings Cross ID scanners

The operation of ID scanners to collect and store the personal information of all patron's will begin this week at a number of 'high-risk' venues in Kings Cross. This data collection scheme raises concerns over privacy and security, such as the possibility for unauthorised access or the inappropriate usage of individuals' personal data. NSWCCL President Stephen Blanks has commented recently in the media on this issue, visit the links below for coverage.

ABC Radio - Kings Cross venues to save patrons' IDs

Article - Privacy concerns over Kings Cross ID scanners The content we linked to is no longer available

 

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Racial vilification law - NSW Government defers response

The new Attorney General Brad Hazzard has disappointed many with his unexplained deferral of the NSW Government’s response to the important and –in the current context- highly significant report of the standing committee on law and justice into NSW racial vilification laws. This was given to the Government in December 2013 and its response has been awaited for some time.

The committee had been asked by the Government to inquire into whether Section 20D of the NSW Anti-Discrimination Act which created the offence of serious racial vilification was effective and if it established a realistic test, in line with community expectations, for the offence of racial vilification. It was also asked to advise on any improvements to Section 20D ‘having regard to the continued importance of freedom of speech”.

There was no radical shift proposed by the report. The committee unanimously made a number of modest recommendations for improvements mainly focussed on removing ‘procedural impediments’ to successful criminal prosecution for serious racial vilification. The absence of any successful criminal prosecutions under the Act had been cited by the then Premier Barrie O’Farrell as the main driver for the inquiry.

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NSWCCL gives evidence in Senate review of Telecommunications (Interception and Access) Act

The NSW Council for Civil Liberties, represented by the President, Stephen Blanks, executive committee member Dr Martin Bibby and assistant secretary Jackson Rogers, gave evidence to the Senate Legal and Constitutional Affairs Committee in its review of the Telecommunications Interception Act on 23 April 2014.  Transcript of CCL’s evidence will be available shortly.

Article: Civil liberties advocates call for "the right to be forgotten" online

Read the NSWCCL submission (pdf)

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Submission: Comprehensive revision of the Telecommunications (Interception and Access) Act 1979

CCL made an extended submission to the Senate’s review of the Telecommunications (Interception and Access) Act (the TIA Act). We emphasized the importance of privacy as a fundamental right, central to the maintenance of democratic societies and essential for the formation of dissent and the exercise of freedom. Surveillance is a tool of tyranny.

 

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Joint CCL's call for Attorney General to consult on racial vilification amendments

The Attorney General George Brandis has flagged his intention of repealing/amending s18c of the Racial Discrimination Act to better protect free speech.

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Submission: Review of the Surveillance Devices Act 2007

NSWCCL has made a submission to the NSW Department of Attorney-General and Justice on the Statutory Review of the Surveillance Devices Act 2007.

"Given the high incidence of surveillance resulting in no ‘relevant information,’ the Council for Civil Liberties is of the view that the Attorney-General should recommend to Parliament that s.52 be amended. The Council recommends that the Act be amended so that issuing authorities can prospectively require a law enforcement agency to report to targets about the use of past surveillance where: (a) no information relevant to a prosecution is found; and (b) it is the second attempt against the same target that has resulted in no information useful to a prosecution being gathered (whether the warrant was issued in respect of the same or a different offence)."

Click here for the submission

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