NSWCCL and Liberty Victoria advance four core propositions in our submission to the Royal Commission on Antisemitism and Social Cohesion. .

First, antisemitism is one form of racism and religious intolerance experienced by minority groups in Australia and must be addressed. However, it should not be treated in isolation or elevated above other damaging and pervasive forms of racism and religious intolerance. Antisemitism must be tackled as part of, and not separately to, a broader effort to tackle racism and religious intolerance in Australia.

Second, racism and religious intolerance are complex societal issues that require nuanced solutions. We cannot police or legislate our way to tolerance, respect, or social cohesion. The horrific violence at Bondi, and other instances of hatred based on racism and religious intolerance, demand evidence-based responses that focus on preventative approaches to address drivers of racism.

Third, Liberty Victoria and NSWCCL urge the Royal Commission to take an approach to tackling antisemitism and strengthening social cohesion that is grounded in principles of universal human rights and respect for civil liberties. In particular, we encourage the Royal Commission to focus its recommendations on proactively promoting a vibrant and dynamic democratic society, in which people are encouraged to exchange ideas and participate in robust discussion, debate and protest. Vitally, any restriction on democratic freedoms and human rights should only be recommended where there is a transparent evidence base as justification, and where such restrictions represent the minimum possible intrusion on rights to bring about the stated aims. In particular:

1. We urge the Royal Commission to protect the right to protest and free political communication, as fundamental democratic rights. Protest can encompass activities that cause disruption and make some people feel uncomfortable or challenged, and those activities must be protected.
2. We caution against the Royal Commission making recommendations which focus on expanding censorship and surveillance, restricting lawful protest and political speech, and expanding the criminal law.

The New South Wales Council for Civil Liberties (NSWCCL) welcomes the opportunity to contribute to the NSW Law Reform Commission (Commission) ‘Consultation paper: Unlawful Conduct’ (Consultation paper) concerning the Anti-Discrimination Act 1977 (NSW) (ADA) Review (Review).

NSWCCL made a submission, dated 28 September 2023, to the Commission in relation to the Review of the ADA. That submission is referenced in the Consultation Paper and is listed in Appendix A: Preliminary submissions as PAD21 (PAD21).

NSWCCL continues to endorse and relies on the comments and recommendations made in PAD21. It will also be referenced in this submission.

It is noted that the terms of reference, in this Consultation paper, consider issues relating to the tests for discrimination, who is protected, the areas in which discrimination is prohibited and exceptions. It also considers harassment, civil vilification and other unlawful acts, as well as liability and measures to promote substantive equality.

The NSWCCL strongly opposes all forms of hate directed towards vulnerable groups. The NSWCCL is also concerned about the weaponisation of hatred directed towards vulnerable groups as a political tool to pass legislation which unduly restricts civil liberties. Responding to hate in the community must be evidence-based and carefully considered with reference to other fundamental freedoms that are owed to individuals.

Today, the High Court has handed down its decision in Ravbar & Anor v Commonwealth of Australia & ORS [2025], otherwise known as the case testing the legality of the CFMEU administration. The High Court found the Fair Work (Registered Organisations) Amendment (Administration) Act 2024 is constitutionally valid. 

The NSW Council for Civil Liberties (NSWCCL) remains seriously concerned about the administration and its implications for all member-based civil society organisations, unions, and registered clubs. Last year, the Commonwealth removed democratic control of the CFMEU by its members on the basis of what were at the time, untested allegations. The findings of the High Court do not negate that the CFMEU was placed into administration without, at the time the legislation was passed, any proven allegations of wrongdoing. The appropriate response from the government should have been to test the allegations against CFMEU officials and delegates in court, and if proven, sought the removal of the officials. This process was circumvented when administration was imposed by parliament, and went against the essential democratic principles of innocence until proven guilty, due process and freedom of association. The administration legislation may now operate as a legal model for the takeover of other unions and other member-based civil society organisations in the future. 

Over the past twelve months there has been a worrying trend of state overreach by the federal Labor Government, which threatens to undermine the rule of law, including through the passing of the Administration Act and the introductions of mandatory minimum sentencing late last year. The NSWCCL maintains that everyone has the right to natural justice and procedural fairness, regardless of the allegations they face. 

The independence of membership-based organisations across Australia must be protected and Australia must uphold its obligations under the International Labour Organisation, namely Articles 3 and 4 of the Freedom of Association and Protection of the Right to Organise Convention, 1948.