The Guardian: NSW premier says police should be able to ban pro-Palestine protests because they are too expensive
NSW premier, Chris Minns, recently said that policing pro-Palestine protests has cost the state $5m this year and the force should be able to shut them down because of the “huge drain on the public purse”. From this Minns has ordered a review of police resources used at the pro-Palestine protests taking place in the CBD each weekend for the past year.
Critics have responded to his statement, saying that the premier was continuing to “disregard human rights and civil liberties”.
Read moreThe Guardian: Protesters wouldn’t have to fight for police permission if NSW had less ‘undemocratic’ system, expert says
Protest organisers in NSW would be less likely to face legal battles for permission to hold protest if the state adopted a human rights charter, according to a legal expert.
On Thursday, Sydney’s pro-Palestine rally organisers were in the supreme court, contesting a police attempt to block their Sunday protest and another event planned for Monday. The police eventually approved Sunday’s protest after a last-minute route change. The organisers of the Monday event chose to cancel their application for Monday’s protest, choosing instead to hold a vigil, which doesn't require approval.
This standoff reignited calls for the NSW government to replace the current approval process with a human rights act.
Premier Chris Minns previously supported police, arguing that neither event should proceed due to concerns over potential violence.
Read moreSubmission: Australia’s youth justice and incarceration system
The Inquiry is set to examine several key issues in relation to Australia’s youth justice and incarceration system, including the outcomes and impacts of youth incarceration, the over-incarceration of First Nations children, compliance with human rights standards in detention facilities, in addition to the intersection between Australia's international obligations regarding children's rights and enforceable national minimum standards for youth justice.
Read moreSubmission: Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024
We strongly assert that the decision to allow only seven working days for public submissions on such a critical and complex piece of legislation is incompatible with the principles of transparent governance. This extremely short process will exclude many voices and undermines the democratic principles of participation and inclusion.
The NSWCCL supports increased regulatory powers for holding digital platforms accountable and transparent, and agrees with the Bill's overall intent, however, we stand with our civil society colleagues in recommending amendments to improve public transparency and to amend the industry code-making process to give the regulator the power to set industry standards.
Read moreSubmission: The health impacts of alcohol and other drugs (AOD) in Australia
NSWCCL has, for many years, maintained that Alcohol and Other Drug (AOD) use should be addressed as a health and social rather than a legal issue. It therefore advocates the transfer of powers relating to drug use from the criminal justice system to the health system.
The Council also supports the policy of harm minimisation, rather than zero tolerance, in treatment of the effects of AOD, and more equitable access to safe and appropriate AOD services, including for priority populations in the National AOD strategy such as young people, First Nations communities, people in contact with the criminal justice system, and LGBTQI+ people.
Read moreMedia Statement: Flower pots are not a threat to public safety
Today was an important moment in the history of the right to protest in New South Wales.
For nearly a year, peaceful protests and vigils have occurred across our country calling for the immediate end of violence in Palestine which has seen Hospitals and Schools bombed, the taking of hostages, the mass displacement of civilian populations, forced starvation and the deaths of over 40 000 innocent civilians – the vast majority of whom have been children.
The protests in Sydney have been largely organised by Jews Against the Occupation and Palestinian Action Group. This afternoon, after a day in court, the groups announced that a rally on 6 October and a standing vigil on 7 October will proceed.
Read moreLetter: NSW Police Commissioner calling for community rallies to be allowed to proceed
2 October 2024
Dear Commissioner,
We write concerning your intention to apply to the Supreme Court for the prohibition of the holding of public assemblies by Palestine Action Group on 6 and 7 October. We strongly urge you to reconsider your decision to apply to the court and instead work with assembly organisers to facilitate the exercise of the democratic right of protest under the protections in the Summary Offences Act and in line with the government’s human rights obligations.
Read moreThe Sydney Morning Herald: NSW Police take court action to stop October 7 anniversary rallies
The NSW Police Commissioner Karen Webb has applied to the NSW Supreme Court to prohibit a pro-Palestine rally planned for October 7, marking the first anniversary of the October 7 attacks. She has also applied to prevent the group from continuing their weekly Sunday rally, due to safety concerns.
Read morePearls and Irritations: How can we recognise the value of Australian citizenship more?
Australia’s Citizenship Day, observed on 17 September, passed with little recognition despite its significance.
The date marks the anniversary of the 1973 renaming of the Nationality and Citizenship Act 1948 to the Australian Citizenship Act. Prior to this, those born in Australia or Commonwealth countries were considered British subjects, while others not born in Commonwealth countries could be naturalised to become British subjects.
The Act created Australian citizenship for all former British subjects and opened the path for foreign-born individuals to become Australian citizens.
Read moreLidia Thorpe: "Prison Deaths and Abuses Must No Longer Be Kept from Public View"
Recently, Labor, including Minister for Indigenous Australians Malarndirri McCarthy, voted against Lidia Thorpe's motion which calls for quarterly reports on deaths in custody, ongoing coronial inquests, incidents of self-harm, and miscarriages in custodial settings.
Read moreSydney Criminal Lawyers: NSW Government’s Drug Diversion Scheme is an Abject Failure
The Early Drug Diversion Initiative (EDDI), introduced by the Minns government earlier this year, has largely been seen as a failure. Despite years of public advocacy for drug decriminalisation, the scheme has only managed to divert a small percentage of individuals caught with minor drug offences.
Under the initiative, NSW police officers were given the discretion to issue a $400 on-the-spot fine to those caught with small amounts of prohibited drugs, or to offer them an alternative — a one-hour phone counselling session with the Alcohol and Drug Information Service.
Read moreNine: Is it OK for parents to track their kids?
Concerns around privacy are increasingly important for parents as they navigate the challenges of raising children in a digital world. While ensuring their children's safety remains a top priority, both online and offline, the rise of technology has introduced new dilemmas, particularly regarding the use of tools that track a child's movements.
Though technology and social media have made parenting more difficult in many ways, they have also offered solutions, such as GPS trackers, which allow parents to monitor their children's whereabouts. This has sparked ongoing debate about privacy and whether such monitoring is an overreach into a child's personal autonomy.
Read moreHoni Soit: Sydney University Law School pen open letter “seriously concerned” about Campus Access Policy
The University of Sydney Law School has published an open letter expressing serious concerns about the new Campus Access Policy 2024, which was introduced earlier this year as a replacement for the Campus Access Rule 2009.
The letter, signed by 54 academics to date, is addressed to Chancellor David Thodey, Vice-Chancellor Mark Scott, and the Academic Board. It highlights deep reservations about the policy's introduction process, its substance, the broader message it conveys, and the limited timeframe for its review.
The University formally rescinded the previous Campus Access Rule in July and replaced it with the 2024 version, a move that has sparked protests from student activists and drawn considerable criticism from the NSW Council for Civil Liberties.
Read moreNSW Council for Civil Liberties 2024 Annual Dinner
We again thank Councillor Yvonne Weldon for taking the time to attend our dinner to Welcome us on behalf of the Metropolitan Local Aboriginal Land Council. It was an honour to have Cl Weldon join us on Gadigal Country and share her time so generously with us.
We were thrilled to have the fabulous Wendy Harmer as our special guest at this year’s dinner. A long-time activist, comedian, journalist, and steadfast supporter of human rights and civil liberties, Wendy brought her trademark wit and wisdom to the evening.
We also thank the Hon Dr Meredith Burgmann for hosting our dinner. Meredith is a long time member of the Council and a constant defender of human rights and civil liberties. We are deeply grateful for her presence and for her ongoing commitment to the causes we hold dear.
The Guardian: Serco must be punished for ‘oppressive’ treatment of prisoners at Australia’s largest jail, legal experts say
Legal experts are calling for sanctions against private prison operator Serco after the company punished nearly 200 inmates at Clarence correctional centre in New South Wales in an “unreasonable and oppressive” manner. The incident followed the assault of a guard by a single inmate on 21 September 2023. Serco responded by locking down 175 prisoners in one section of the jail for five days, despite most having no involvement in the incident.
The NSW ombudsman deemed Serco's actions unlawful and disproportionate.
In addition to the lockdown, Serco charged 34 inmates with offences related to the assault, although the ombudsman found insufficient evidence to justify these charges. Three inmates were placed in segregation for allegedly inciting a riot, despite CCTV footage showing no such activity. Additionally, 33 inmates were placed on restrictive "behaviour management contracts," confining them to their cells for up to 22 hours a day for as long as eight weeks. The ombudsman noted that Serco failed to provide adequate support for one inmate with a cognitive impairment during its investigations.
Read moreThe Saturday Paper: ‘All my dreams shattered’: asylum seekers barred from Australian universities
Abishek Selvakumar only discovered he couldn’t attend university when he reached Year 12.
While his peers discussed potential courses and future offers, Selvakumar learned that his the Coalition government's 'fast-track' process had meant he and his mother have been on temporary visas for over a decade, barring him from higher education.
Selvakumar, who dreams of studying construction management, had said he feels excluded, "I honestly gave up on my exams because I didn’t see the point. I was really looking forward to it. I was excited about that and getting to learn the subject I was passionate about, but I couldn’t do it.".
This situation affects many others in Australia, where children of refugees on bridging visas either face exorbitant international student fees or are prohibited from studying altogether.
Read more
Media Statement: City of Sydney Accused of Unjust Removal of ‘We Vote for Palestine’ Election Posters
The NSW Council for Civil Liberties (NSWCCL) has written to the City of Sydney to express our concern over the reported removal of election materials authorised by the "We Vote for Palestine" group across the City of Sydney in the lead-up to the local government election scheduled for 14 September 2024.
It has come to our attention that City of Sydney staff and contractors have been actively removing posters and election materials associated with the “We Vote for Palestine” campaign. The materials in question have been confirmed as appropriately authorised under NSW electoral laws, with the organisers having obtained confirmation from the NSW Electoral Commission regarding the lawful authorisation of their materials.
Read morePearls and Irritations: The NACC’s refusal to consider Robodebt
In December 2018, 34 judges, alongside three former Chief Justices of the High Court publicly supported the notion that anti-corruption commissions should have the power to hold public hearings. This support was expressed in an open letter to then Prime Minister Scott Morrison.
However, when the National Anti-Corruption Commission (NACC) Bill was introduced by Attorney-General Mark Dreyfus QC in June 2022, the Opposition proposed a significant amendment. They sought to restrict public hearings to only "exceptional circumstances," echoing a provision from Victoria’s IBAC legislation, which had been widely criticised by former IBAC commissioners for hampering the fight against corruption.
Read moreSubmission: Truth and Justice Commission Bill 2024
The New South Wales Council for Civil Liberties (NSWCCL) wholeheartedly supports the establishment of a Truth and Justice Commission to address injustices suffered by First Nations Peoples in Australia. The proposed Bill, currently before a Parliamentary Inquiry, represents a crucial step towards implementing the Uluru Statement from the Heart—a document NSWCCL endorses in full.
The Truth and Justice Commission, as outlined in the Bill, will have investigative powers to examine historic and ongoing injustices experienced by First Nations Peoples. Its primary aim is to provide recommendations to Parliament based on truth-telling about Australia's colonial history, paving the way for national reconciliation.
Read moreMedia Statement: NSWCCL supports the establishment of a Truth and Justice Commission
The New South Wales Council for Civil Liberties (NSWCCL) wholeheartedly supports the establishment of a Truth and Justice Commission to address injustices suffered by First Nations Peoples in Australia. The proposed Bill, currently before a Parliamentary Inquiry, represents a crucial step towards implementing the Uluru Statement from the Heart—a document NSWCCL endorses in full.
The Truth and Justice Commission, as outlined in the Bill, will have investigative powers to examine historic and ongoing injustices experienced by First Nations Peoples. Its primary aim is to provide recommendations to Parliament based on truth-telling about Australia's colonial history, paving the way for national reconciliation.
Read more