News

The Guardian: What are the NSW hate speech laws under consideration after Sydney’s recentantisemitic attacks?

Recently, NSW Premier Chris Minns indicated that the government is considering amendments to our hate speech laws, which could mean changes to section 93Z of the Crimes Act.

Section 93Z outlines the offence of publicly threatening or inciting violence based on a person’s race, religion, sexuality, or gender identity. Minns has mentioned that they may consider making vilification a criminal charge, rather than civil offence.

If vilification is reclassified as a criminal offence, it means that rather than individuals or groups taking civil action, the state could prosecute offenders. This could lead to harsher penalties, including possible imprisonment.

As NSW reviews its hate speech laws, Minns has pointed to Victoria’s equivalent legislation, which he describes as taking a “tougher” approach to vilification.

Read more
Share

What are the NSW hate speech laws under consideration after Sydney’s recent antisemitic attacks?

Council for Civil Liberties says Minns government is at risk of making ‘reactionary’ legislation as pressure mounts to stem further attacks

Read more
Share

GreenLeft: Albanese encourages states to enact new anti-protest laws over alleged antisemitism

NSW Premier Chris Minns has come under criticism as he has continued to call for the limiting of protest rights in NSW. Recently Amnesty International Australia have criticised his calls to ban Palestine protests outside places of worship.

This call first came from Jillian Segal, the Antisemitism special envoy appointed by Prime Minister Anthony Albanese who described the Palestine rallies as "intimidatory".

After the Adass Israel synagogue was firebombed, Anthony Albanese said he “cannot conceive of any reason, apart from creating division in our community, of why someone would want to hold a demonstration outside a place of worship”.

In response to this a variety of individuals and groups have criticised this statement, such as survivors of clergy abuse.

Read more
Share

NIT: Queensland’s "disturbing record" on deaths in custody will only get worse under LNP’s agenda, advocates warn

Within the last financial year Queensland has had the highest number of deaths in custody in the past two decades, 19, as revealed by the Australian Institute of Criminology's latest Deaths in Custody report.

This report further highlighted 5 Indiginous deaths in custody, the highest in Australia, equal with WA, with half of the deaths being suicides. Queensland also led the nation in deaths in police custody this year, with eight fatalities.

Read more
Share

MEDIA RELEASE: NSWCCL Opposes Proposed New Protest Laws Outside of Religious Institutions

This week the Minns Labor Government announced they are considering introducing laws to criminalise protest outside of religious institutions. NSWCCL is alarmed by the announcement and condemns the NSW Government for taking another authoritarian step towards the criminalisation of the right to protest.

The attack on the Adass Israel Synagogue is a reprehensible and violent act. The vandalism and destruction of property in the Eastern suburbs should also be admonished. There is no place in a democratic society for any such behaviour. Freedom of religion is essential in a democratic society, but it does not exist at the expense of our other essential rights like that of protest.

The attack on the Adass Israel Synagogue and the vandalism and destruction of property in the Eastern suburbs are criminal offences and should be dealt with accordingly. The Minns Labor Government’s infringement of our collective right to protest will do nothing to prevent them. The NSWCCL believes strongly that as the NSW Government continues to prevent communities from exercising their right to peacefully protest they increase the risk of more disruptive and potentially violent demonstrations from occurring.

Read more
Share

The Sydney Morning Herald: Sydney Uni boss declares his job is safe as campus free speech debate rages

University of Sydney Senate recently endorsed in principle the Hodgkinson Report into protest activity at the university. The contents of this report included recommendations of a complete ban on protest activity inside university buildings, a “civility rule” which will require speakers to “make the meaning of contested words and phrases clear to the audience”, and the prohibition of encampments as a form of protest. 

Many have criticised these measures as an attack on students' free speech, and political expression. 
This decision has come after political pressure on the vice chancellor of USyd, Mark Scott, with Peter Dutton and a Jewish student group calling for his resignation this year.
During a parliamentary hearing on antisemitism at universities on Friday, Liberal MP Henry Pike questioned Scott about the security of his position.

“I believe I operate with the full support of the University of Sydney senate and the executive,” Mark Scott told the hearing.

“We are hard at work and I am pleased to be able to do so with the strong support of the chancellor, of the [university] senate and the executive team of the university. Many staff have reached out to me as well.”

Read more
Share

City Hub: 170 Protesters Arrested At Anti-Coal Blockade in Newcastle

Recently over 170 protesters, including 14 children, were arrested in the Rising Tide protest and blockade at the world's largest coal port in Newcastle. 

These arrests have brought greater attention and critique to Australia’s increasingly restrictive protest laws, which have expanded significantly in recent years.

Read more
Share

ABC Listen: Are we losing our right to protest?

NSWCCL Vice President Lydia Shelly unpacks the recent Newcastle protest arrests and the broader fight for civil liberties on ABC RN Drive.

 

Listen here!

Share

MEDIA STATEMENT: Endorsement of Hodgkinson Report at University of Sydney Would Breach the Law: NSWCCL Says

On 26 November 2024,  the University of Sydney Senate endorsed in principle the Hodgkinson Report into protest activity at the university.

The report makes 15 recommendations to restrict protest activity on campus, including:

a) a complete ban on students addressing lecture halls before classes begin;

b) a complete ban on protest activity inside university buildings, including sit-ins;

c) a “civility rule” which will require speakers to “make the meaning of contested words and phrases clear to the audience”;

d) designating “uncivil” behaviour (ie rudeness) at student meetings as misconduct, with individuals responsible banned from holding office in student organisations;

e) the withdrawal of funding to student organisations where students do not “disagree well” (ie are rude) during official meetings;

f) the prohibition of encampments as a form of protest.

NSW Council for Civil Liberties wrote to the NSW Minister for Education Prue Car and to the secretary of the NSW Labor caucus urging the state government to urgently intervene to protect the right to the freedom of expression at the University of Sydney.

Read more
Share

MEDIA STATEMENT: NSW Anti-Protest Crackdown at Rising Tide Deeply Concerning Civil Liberties Experts Say

Yesterday, in Newcastle 170 people were arrested for protesting the fossil fuel industry at Rising Tide’s Blockade of the Newcastle Coal Port. This extraordinary number of people were arrested under NSW draconian anti-protest laws. 

Read more
Share

CityHub: More Anti-Protest Laws: Harsher Penalties For Protests Blocking Railways

The Minns government has announced its intention to impose harsher penalties on protests and peaceful demonstrations near railways, labelling such actions as “irresponsible and disruptive.”

Under new legislation to be introduced this week, the penalties for obstructing a railway would be doubled. The offence would carry a maximum fine of $22,000, up to two years’ imprisonment, or both.

Premier Chris Minns stated that the increased penalties are intended to deter such actions. “Protests on railway lines are seriously dangerous and disruptive, and they are not tolerated in NSW,” he said. “Train drivers, passengers travelling to work, and companies going about their business should not have to contend with protesters on the tracks – it’s that simple.”

This proposal is the latest in a series of anti-protest measures introduced or expanded under the Minns government, which has taken significant steps to restrict legal protest activities.

Read more
Share

Sydney Criminal Lawyers: NSW Government’s Strengthening of Anti-Protest Laws Is a Cheap Shot at Civil Society

The Minns government has introduced new legislation to increase penalties for protests that obstruct railways. This has sparked more criticism of the NSW governments approach to protest rights.

The Crimes Amendment (Obstructing a Railway) Bill 2024 proposes a maximum fine of $22,000 for the offence, doubling the penalty that can had previously be implemented. This move has been criticised and seen as part of a broader escalation of anti-protest measures, designed to suppress dissent rather than address public safety.

Read more
Share

Submission: Criminal Code Amendment (Hate Crimes) Bill 2024 [Provisions]

In our submission NSWCCL raised concerns that criminal offences should remain a last resort given their impact on freedom of expression and the risk that police will use them to target people in discriminatory ways. 

Read more
Share

MEDIA RELEASE: Government Overreach In Response to Newcastle Blockade

On 15 November 2024, Transport for NSW declared an exclusion zone from Horseshoe Beach to Nobbys beach in Newcastle from 5pm on Thursday 21 November to 8:00am on Monday 25 November. The exclusion zone means that no vessels or people who are not authorised by Maritime or Police authorities can enter the exclusion zone.

The period overlaps with Rising Tide’s Blockade of the Newcastle Coal Port which commences tomorrow and runs until Tuesday 26 November. On-water activities were planned from Friday 22 November to Sunday 24 November.

Read more
Share

MEDIA RELEASE: New Laws are Another Slap in the Face For the Right to Protest

The NSW Minns Government has released a media statement  today indicating that they wish to amend section 213 of the Crimes Act to insert a 200-penalty unit offence that will double the fines for blocking railways from $11,000 to $22,000.

The NSW Council for Civil Liberties opposes these draconian laws which continue the Minns Government’s unacceptable attack on the People of NSW’s right to protest. These laws have created a chilling effect on civil movements and social progress. 

Read more
Share

MEDIA RELEASE: THE GOVERNMENT MUST RESPECT THE HIGH COURT’S DECISION IN YBFZ V MINISTER FOR IMMIGRATION

The Australian Government’s treatment of refugees and stateless peoples is and has been a shameful mark on our shared history. Australia continues to  fail to uphold our international legal obligations. On 6 November 2024, the High Court of Australia found that it was also unconstitutional.

In YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 40,  the High Court found that the laws governing the imposition of onerous conditions like strict curfews and the use of ankle monitors were punitive and had no legitimate purpose. The NSWCCL welcomed this decision that would prevent the Government from punishing hundreds of people simply due to the status of their visa.  

This decision follows the landmark decision of the High Court, in NZYQ that found it was unlawful and unconstitutional for the Government to indefinitely detain stateless people. It was in response to that decision, the Albanese Government rushed to impose the punitive and reprehensible laws and visa conditions on the cohort of non-citizens released from indefinite detention that the High Court have now found were invalid.

Instead of welcoming the decision of the High Court, the Albanese Government is rushing to introduce new powers which would give the Minister for Immigration the power to authorise these exact same punitive conditions on people with bridging visas. Not only this, but the Bill seeks to allow the Australian government to create “third country reception arrangements” with foreign countries meaning that visa holders can be forcibly removed to foreign countries even if to do so risks their safety.

To its shame, both the Government and the opposition have maintained unconstitutional and unconscionable positions with respect to indefinite detention and the treatment of stateless persons and bridging visa holders The NSWCCL calls on them to heed the High Court’s Decision to which has curtailed the unlawful use of governmental power. 

Read more
Share

MEDIA RELEASE: NSW Government in Breach of Crimes Act

The NSW Council for Civil Liberties has written to the NSW Attorney General asking for an urgent explanation as to why the NSW Government has failed to table a report into the review of the draconian anti protest laws. Failure to release this report amounts to a breach of section 214B of the Crimes Act 1900 (NSW). 

Section 214B of the Crimes Act 1900 (NSW) outlines that the government must table a report into the review of the Roads and Crimes Legislation Amendment Act 2022 (NSW). According to the legislation, this report was due on 1 October 2024.

The Roads and Crimes Legislation Amendment Act 2022 increased penalties for protesters who cause disruption to major roads, ports and train stations to $20,000 and imprisonment for up to two years and undermine the ability of people in NSW to protest. Two years on from the introduction of the draconian 2022 anti-protest laws, these laws have created a chilling effect on civil movements and social progress. 

Read more
Share

MEDIA RELEASE: Concern Over Protection for Legal Observers

Today the NSWCCL has written to the NSW Police Commissioner, Karen Webb calling for NSW police to respect the role of independent Legal Observers at the upcoming Rising Tide protest. 

Independent Legal Observers, who are generally volunteers, work to improve accountability from the police and protect the rights of protesters. Legal Observers perform tasks such as distributing information cards, briefing individuals on their legal rights, documenting interactions between protesters and the police through notes and photography, and video recording. They are recognised as Human Rights Defenders by the Office of the United Nations High Commissioner for Human Rights. Legal Observers fall under the protection of the Declaration on Human Rights Defenders.

NSWCCL is reiterating that NSW police urgently: 

  1. Ensure that police officers are briefed on the role of Legal Observers and understand that role, its legitimacy, and Legal Observers' right to carry out that role unhindered. 

  2. Ensure that police officers do not obstruct Legal Observers as they carry out this role.

  3. Ensure that police officers do not instruct Legal Observers to direct protestors, but instead respect their independence. 

  4. Ensure that police do not ask Legal Observers not to video, do not deliberately step in the way as videoing occurs, and likewise do not seek to prevent members of the public from recording interactions.

  5. Ensure that Legal Observers are not required to produce their ID without grounds other than performing this role. 

Read more
Share

Sydney Criminal Lawyers: NSW Parliamentary Inquiry Recommends Immediate Steps Towards Decriminalising Cannabis

NSW Premier Chris Minns’ has consistenly opposed drug decriminalisation, but despite this, a recent NSW parliamentary inquiry reccomended a roadmap for reforming cannabis laws.

The committee’s interim report advocates for a staged approach to reform, beginning this parliamentary term with a gradual relaxation of cannabis criminalisation, starting with increasing possession limits, reducing penalties for personal use, and reclassifying non-commercial cannabis sharing as possession rather than supply. The report also encourages limiting police search powers, and favours the use of cautions over arrests.

Read more
Share

Green Left: People’s Blockade to go ahead as NSW Supreme Court rules for police

In a recent ruling, the NSW Supreme Court sided with the NSW Police in blocking a planned climate protest on Newcastle Harbour, citing concerns for public safety. The protest was organised by the climate campaign group Rising Tide. The court's order, delivered by Justice Desmond Fagan, does not outlaw the protest itself but restricts the use of the waterway for the demonstration.

Rising Tide has responded to this ruling, stating that people still have the right to protest on the beach and in the harbour. 

“The case was never about whether or not the People’s Blockade can go ahead. People do not need police permission to gather and protest on public land in NSW.”

“The People’s Blockade WILL continue!” the climate campaign group said. “It is NOT ILLEGAL to paddle on the waters of Muloobinba/Newcastle Harbour or to protest on a beach or park.

Read more
Share