The NSW Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the Parliamentary Joint Committee on Human Rights (Committee) Inquiry into Australia’s Human Rights Framework.

The NSWCCL fundamentally supports enhanced and enforceable protections for human rights in Australia. The NSWCCL is a member of the Charter of Rights (Charter) campaign coalition, an alliance of 90 organisations across the Australian community and endorses the Charter campaign submission to this Inquiry.

In our submission we have made a number of recommendations for the proposed framework. 

NSWCCL is deeply concerned with the risk of corruption because, if not effectively checked, it threatens our democratic values and processes – including the rights and liberties of all people. We support a strong and effective ICAC, appropriately constrained by safeguards for individual liberties and rights that are compatible with operational effectiveness.

The investigation into Ms Berejiklian’s conduct was appropriate and we are pleased to see it reach a conclusion. Whilst it has taken considerable time for the ICAC to deliver its findings the Council believes that delays in the ICAC reporting should be addressed by increasing the ICAC's funding and resources, not by imposing arbitrary deadlines on the ICAC.

The NSW Labor government on Wednesday introduced a bill to ban vilification on the grounds of religious belief or affiliation. The proposed changes to the NSW Anti-Discrimination Act 1977 have been criticised as convoluted and vague and for failing to adequately protect vulnerable communities, Star Observer's Robbie Mason reports. 

Civil liberties and law groups have criticised the bill due to its vagueness of terms in the bill which could mean organisations – and not just individuals – are protected from religious vilification. 

Josh Palles, President of the NSW Council for Civil Liberties has said that "[NSWCCL] opposes the Bill in its current form. The Bill cannot be fixed with amendments.”

The NSW Council for Civil Liberties (NSWCCL) supports a comprehensive review of the NSW Anti-Discrimination Act. Anti-discrimination law reform is long overdue and necessary. NSWCCL is not opposed, in principle, to reforms that protect people from vilification for their religious expression or affiliation, however, the Bill does more than this and fails to address other necessary issues.

NSWCCL insists that the Anti-Discrimination Act should protect individuals from vilification but not institutions and not beliefs, which are just ideas which must be freely contestable. The government’s Bill may effectively prohibit vilification or severe ridicule of beliefs or views themselves, or of institutions or organisations, and not merely the vilification or severe ridicule of persons because they belong to a religious group. The Bill, therefore, unacceptably impedes freedom of expression, legitimate criticism and debate.

Neos Kosmos writes that there have been social media posts circulating that claim the Voice to Parliament referendum directly contradicts Australian racial discrimination laws and international conventions. Experts have reiterated there is nothing ‘illegal’ about Prime Minister Anthony Albanese’s proposal. 

The social media posts reference section 9 and 10 of the Racial Discrimination Act as ‘proof’, with one facebook post claiming that the Act contradicts the proposed Voice Referendum and ‘favour[s] one race over another’. Such erroneous claims have been shut down by leading experts, who state that the proposed advisory body will not restrict anyone else's rights. One post claims Albanese is attempting to ‘entice’ individuals into voting ‘yes’, contrary to section 11.4 of the Criminal Code Act 1995, going as far as to say Albanese is asking Australian citizens to ‘unlawfully commit an act’ in voting ‘yes’. Section 9 of the Racial Discrimination Act allows individuals to complain if they have been subjected to treatment on the basis of their race, which limits their rights. 

The NSW Council for Civil Liberties (‘NSWCCL’) welcomes the opportunity to make a submission to the Parliamentary Joint Committee on Intelligence and Security regarding its review of the operation, effectiveness and implications of the amendments made to the Migration Act 1958 (Cth) (‘Migration Act’) by Schedule 1 of the Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth) (‘Clarifying Act’).

The Clarifying Act claims to support Australia’s international non-refoulement obligations by amending the Migration Act to clarify that it does not require or authorise the removal of a person who is deemed an unlawful non-citizen and for whom a protection finding has been made through the protection visa process.

However, NSWCCL is deeply concerned that by operation and effect, the Clarifying Act subjects a person captured by the laws to ongoing mandatory immigration detention, without any time limit or safeguards to prevent prolonged or indefinite detention.

About 400 supporters flooded Sydney’s Town Hall on Sunday afternoon, calling for increased rights for trans people. This event celebrated the 45th anniversary of Sydney’s first Mardis Gras march on June 24, 1978, as well as the Stonewall riots on June 28, 1969 after the violent police raid of a New York gay bar.

The coalition of trans rights and community groups, including the Rainbow Rights Coalition, Safe Schools, the United Workers Union and Community Action for Rainbow Rights, Pride in Protest and the NSW Civil Liberties Council demanded tightened anti-discrimination laws to protect trans people when applying for jobs or housing, or when accessing healthcare and education. 

Civil liberties groups have lashed out at the New South Wales Labor government's attempts to prevent climate activists from live-streaming their protests on Facebook, The Guardian reports. 

The premier, Chris Minns, announced via the Daily Telegraph on Thursday that he would request a meeting with the social media giant, alongside police, to see what they can do to “stop the broadcast of illegal acts”.

The president of the NSW Council for Civil Liberties, Josh Pallas, accused the premier of attempting to shut down freedom of speech and freedom of expression.

On Thursday 22 June NSW parliament hosted a forum organised by the Liberal Democrat MP John Ruddick and emceed by failed federal Liberal candidate Katherine Deves. NSW parliamentarians have since been criticised for speaking at the forum of anti-trans campaigners held at Parliament House this week, including a government MP who labelled pushback against their campaigns as “totalitarian”, SMH's Michael McGowan reports. 

Josh Pallas, President of the NSW Council of Civil Liberties, described some of the comments made at the forum as “harmful and discriminatory”, saying that the rhetoric of the anti-trans movement “increased the mental harm towards the trans community” at a time when the queer community was facing increased hostility.

The Voice to Parliament referendum proposal has now become law as of the 19th of June 2023 when it was passed in the Senate with 52 for and 19 against, Klaas Woldring reports. 

The NSW Council for Civil Liberties (NSWCCL) First Nations Justice Action Group strongly supports the proposed Constitutional alteration bill.

The Albanese Government has appointed Cassandra Wilkinson as a non-executive director to the SBS Board for a five-year term.

NSW Council for Civil Liberties congratulate Cass on this new role and wish her the best. During her time with us, she has been an invaluable member of CCL, serving as Vice President, a committee member and part of our Annual Dinner organising team.

We thank Cass for her significant contributions to NSWCCL.

Ian Fry, Australian National University Professor and Tuvalu’s former ambassador for Climate Change for over 21 years, was appointed in May 2022 by the UN Human Rights Council, as the first Special Rapporteur on climate, following the overwhelming vote to recognize the Right to a Healthy Environment, in 2021.

Recently the Special Rapporteur called for inputs on the promotion of human rights in the context of climate change.The NSW Council for Civil Liberties welcomed the opportunity to make a submission.

Climate change is an urgent threat to humanity and to the full enjoyment of fundamental human rights. Threats to the environment are threats to everyone, and collaborative efforts at national, regional, and global levels are required for effective climate action.

The NSW Council of Civil Liberties  considers that urgent reform of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) is required. The federal government has flagged amendments to national security laws to ensure that the near total secrecy that hid the prosecution and imprisonment of a former Australian intelligence officer cannot happen again.

While we applaud this sentiment, we are concerned that the NSI Act is easily abused for political ends, prescribes a misguided objective, and fails to provide adequate protections that would ensure open and fair justice in the trials to which it applies. We need action.

Having regard to the significant issues with the current NSI Act, the Council submits that it is not fit for purpose and that urgent legislative overhaul is required. We are agnostic as to whether this should occur via wholesale legislative reform to the existing NSI Act, or by repealing and replacing the current regime. What is important, however, is that the reformed version of the regime ensures better protections to parties’ rights and open justice, and adequate procedural limits on the exercise of powers under the NSI Act.

The NSW Council for Civil Liberties welcomed the opportunity to make a submission to the Senate Legal and Constitutional Affairs Committee in regard to its inquiry into the operation of Commonwealth Freedom of Information (FOI) laws.

This inquiry came about after the Greens, Coalition and crossbench teamed up to force the issue. The FOI commissioner, Leo Hardiman, announced his resignation earlier in March citing his lack of powers to make changes necessary to improve the timeliness of reviews of FOI decisions.

The former senator Rex Patrick has brought a federal court case challenging lengthy delays in the FOI review process. He has warned that vast delays plague Australia’s “broken” freedom of information system and are shielding the activities of government from scrutiny.

On Thursday June 1, former NSWCCL President, Cameron Murphy, gave his inaugural speech in NSW Parliament as a member of the NSW Legislative Council. 

NSWCCL congratulates Mr Murphy on both his appointment to the Legislative Council and a successful and moving inaugral speech in parliament. 

Cameron Murphy was NSWCCL's longest serving President from 2000 to 2013 and to commemorate that laudable achievement, received a NSWCCL life membership in 2013. 

The new Labor government in NSW is taking power at a crucial time, with the fate of the world’s climate hanging in the balance.

When: 12pm, Monday June 5
Where: Archibald Fountain, Hyde Park North
What: March to NSW Parliament House

The UN Intergovernmental Panel on Climate Change says that urgent action to drastically reduce emissions is required to avoid catastrophic climate change. This means an immediate end to the expansion of the fossil fuel industry and a rapid transition to sustainable industries for workers and communities currently reliant on fossil fuels.

NSWCCL made a submission to the Modern Slavery Review Team in November 2022 outlining four key recommendations to the legislative framework. 

On 25 May 2023, the government tabled the Review of the Modern Slavery Act in Parliament which considers the current legislation and the operation of the Act in the first three years of implementation. The Act and its administrative implementation were considered as part of this review.

Michelle Pini writes: The idea that endless privatisation and unfettered corporate greed will somehow leave us all better off no longer appears to be swallowed by the vast majority of Australians. Certainly, public confidence in our political leaders as well as in our institutions has been severely eroded in recent years.

This week, the Pricewaterhouse Cooper (PwC) scandal – in which nine (as yet unidentified) partners of the consultancy firm enlisted to help the Coalition Government design tax laws, leaked confidential Treasury information to benefit PwC's private clients – has left Australians outraged.

Twitter has become a "cesspit of hate” since Peter Dutton's announcement that the Coalition will vote no at the upcoming Voice referendum. First Nations leaders Thomas Mayo and Tracey Westerman report that “It’s like Dutton let a whole lot of racists off the leash to sew doubt, confusion and fear amongst voters.”

Read more here.

NSWCCL has long been troubled about the privacy concerns associated with the largely unregulated use of AI, biometrics and facial recognition technology in frontline policing. There are a many high-risk applications of this technology which are being implemented without sufficient public discussion or consent.  Its use in CCTV ‘mood tracking’ cameras in 2023 Mardi Gras Parade[1], monitoring that people are at home during the COVID-19 quarantine[2] and as a tool in controversial predictive policing[3] – goes to show the virtually unstoppable, ever-expanding scope creep of surveillance capacity. The law has notoriously been unable to keep up with AI and NSWCCL observes that this leaves the window open for law enforcement to race ahead of regulation to use people’s data in an increased surveillance capacity.