For those new to the world of whistleblowing, it’s proven to instigate positive change and instigate positive change.

Julian Assange, the founder of WikiLeaks, may be facing his final court hearing in the UK High Court of Justice soon. The hearing concerns if he will be extradited to the US to face spying charges. 

In 2010, Julian Assange published classified US military information provided by Chelsea Manning, a US Army whistleblower, to WikiLeaks. This information included details of war crimes, torture, assassinations, and the identities of Guantanamo Bay prisoners.

Despite the publication of this sensitive information, there is no evidence indicating that it directly led to any deaths or compromise of security of the United States. However, it did cause significant embarrassment for the US government and stirred widespread concern globally.

Assange spent seven years within the Ecuadorian embassy in the UK, followed by nearly five years of confinement in Belmarsh maximum security prison, all without formal charges.

Critics have pointed out that the federal Labor government's management of Assange's case lacked significant efforts towards negotiation for his release. Speculation has arised, suggesting that the political ramifications on the relationship with the US could be the primary reason for this. Additionally, recent geopolitical events, such as the controversial AUKUS pact, have provided potential leverage points for negotiation, yet no progress has been seen.

Sen Const Beau Lamarre allegedly used a force-issued firearm to murder Jesse Baird, 26, and Baird’s partner, Luke Davies, 29, in Paddington on the 19th February. On February 16th Lamarre retrieved the firearm from Miranda police station for a protest policing assignment, according to police statements. 

This will be the subject of an internal NSW police review with oversight from the Law Enforcement Conduct Commission (Lecc) and the Victoria police.

Civil liberties advocates are calling for the review of firearm regulation within the NSW police to be independent to ensure transparency, accountability, and impartiality in the investigation process.

The recent charges laid on Senior Constable Beau Lamarre for the murders of Jesse Baird and Luke Davies had previously prompted the Sydney Gay and Lesbian Mardi Gras board to request the NSW Police to not march in the parade. 

Last Wednesday this decision was altered, allowing police to march out of uniform in Mardi Gras

This change has angered activists who feel it is a betrayal to the community and who claim the decision was made because of pressure from the police. 

Pride in Protest have said they are “horrified and outraged” at the board’s new decision, "Whether in uniform or not, police participation in the Mardi Gras parade is unacceptable". 

The Greens similarly called for the police force to exclude itself “as a sign of respect, deference, and commitment to change.”

Liz Atkins, Greens Councillor has said the decision to backflip was  “really disappointing” and has outlined “NSW Police are still marching as an institution, even if they’re not in uniform, LGBTQI cops are part of the community like the rest of us. But take part with their community, not as part of the institution of NSW Police.”

The recent disinvitation of the NSW Police from the Mardi Gras parade following the murder of  Luke Davies and Jesse Baird by a police constable has sparked significant discussion concerning accountability and justice within the NSW Police, as well as safety within the LGBTIQA+ community. 

On the 27th of February, NSW Council for Civil Liberties gathered at Taylor Square with Pride in Protest, Blak Caucus, Latoya Aroha Rule, and the NSW Greens to discuss this topic. This event happened in the wake of reports that the bodies of Luke Davies and Jesse Baird were discovered near a property in Bungonia.

Charlie Murphy from Pride in Protest opened the conference, welcoming the Board's decision, stating that disinvitation is the “bare minimum in terms of addressing police oppression.”. 

The NSWCCL recognises the importance of increasing the efficiency of jury empanelment, the provision of enhanced support for jurors to perform their role and reducing the expenditure of resources on trials that are ultimately aborted or result in hung juries. The NSWCCL also recognises the validity of majority verdict legislation in criminal and coronial trials. However, the NSWCCL is concerned that the proposed amendment to Section 55F of the Jury Act 1977 (The Act) may compromise a jury’s ability to properly consider the guilt to innocence of an accused person, and that such a compromise is made in exchange for a speculative and nominal reduction in the expenditure of resources on trials and reduction in hung juries. The NSWCCL is further concerned that the proposed amendment to Section 73A(1) of the Act unnecessarily broadens the investigative power of the NSW Sherriff’s Office (Sherriff). The broadening of the investigative power is significant and not safeguarded or constrained by current legislation.

At present in Australia we rely on a public lobbyist Register and a Code of Conduct that does not cover the majority of lobbyists. Third party, or commercial lobbyists are paid professionals who are engaged by clients to make representations to influence public officials on their behalf, while in-house lobbyists are those that seek to influence public officials on behalf of their employer. Industries hire professional in-house lobbyists and former politicians for their connections, paying fees well outside the budget of non-corporate actors. This is simply NOT good enough!

Fossil fuel industry lobbyists have included former Liberal Party, National Party and ALP ministers. We know that lobbying by the fossil fuel industry to hinder effective climate action has been successful in slowing down Australia’s response to the Climate Crisis. Recent history shows us that relentless lobbying knocked out Australia’s chance to have an effective emissions trading scheme, a mining tax and price on carbon. If the halls of Parliament are saturated by industry lobbyists and not counterbalanced by community voices, politicians’ views will be skewed to favour industry.

Safeguarding our democracy from the pressures of big money and big influence will improve the functioning of government and ensure that political outcomes are in the public’s best interests. The Australian public deserve those who they have elected to serve their interests – and their interests alone.

Australians are at risk of further losing faith and trust in our civil institutions, our political institutions and our elected politicians if Governments do not embrace transparency and accountability advocated in our submission.

Misinformation and disinformation in political advertising is a widespread problem in Australia. We think, that NSW should have truth in political advertising laws for NSW state elections and believe that such laws would enhance the integrity and transparency of the electoral system. Misleading political advertising can cause serious societal harms including:

• the erosion of trust in democratic processes;
• the weakening of trust between and among public and private entities;
• the weakening legitimacy of the social contract between voters and elected representatives; and
• the undermining of an informed populace.

In our submission to Joint Standing Committee on Electoral Matters (Committee) regarding the administration of the 2023 NSW state election and other matters. We express views in respect of:

• political donations from property developers, including through shell companies and charities;
• truth in political advertising;
• the timeliness of political donation disclosures; and
• electoral participation and enfranchisement, particularly regarding imprisoned persons and people living with disability.

Read our submission here.

The recent tragic deaths of Jesse Baird and Luke Davies have sparked demands for an immediate, impartial examination of the connection between law enforcement practices and the use of weapons.

The alleged murdered Senior Constable Beau Lamarre-Condon, who has been accused of the crime and was affiliated with the youth command, reportedly used a police firearm to shoot victims. 

Additionally, further concerns have been raised around firearm regulation within the NSW police as Lamarre-Condon allegedly checked out a gun for a period of 3 days whilst on recurrent leave and sick-leave.

Recently the NSW Police Force were disinvited of the from this year’s Sydney Gay and Lesbian Mardi Gras.

This comes after NSW police senior constable Beau Lamarre-Condon allegedly shot 26 year old Jesse Baird and 29 year old Luke Davies on the 19th of February. The incident involving Senior Constable Beau Lamarre-Condon, underscores longstanding concerns regarding police violence. Additionally, Lamarre-Condon's history, including a prior incident of excessive force, raises serious questions about the culture within the NSW Police Force.

This incident, coupled with ongoing concerns about institutional prejudice, prompted the Mardi Gras Board to act.

The recent tragedy also sheds light on the broader issue of intimate partner violence, affecting both the queer community and society at large. The tragic deaths serve as a reminder of the crisis of violence, particularly within marginalized communities.

Ultimately, the Mardi Gras Board's decision reflects the community's demand for accountability and justice in the face of tragedy. It marks a pivotal moment in the ongoing struggle for inclusivity and safety within the LGBTIQA+ community.

Jesse Baird and Luke Davies had their lives taken far too soon in the most tragic of circumstances. With the permission of Jesse and Luke’s families, our community is invited to come together and honour their memories. To the family and friends of Jesse and Luke, we are so sorry – our hearts are with you.

Condolence books will be available onsite.

Where: Green Park, Darlinghurst

When: Friday, March  at 6.30PM

The Hon. Michael Daley
Attorney General

The Hon. Yasmin Catley
Minister for Police

Commissioner Karen Webb APM

All via webform

Dear Ministers and Commissioner,

RE: NSW Policing and the queer community

We write on behalf of the NSW Council for Civil Liberties (NSWCCL) to express concern about the alleged murder of a gay couple by a serving NSW Police Officer. This tragic case ought to cause you to pause and consider if the settings around policing in NSW are appropriately calibrated, especially in relation to the queer community. In our view, they are not and your urgent attention is required.

On 26 February NSWCCL wrote to the Attorney General, Minister for Police and Police Commissioner to register our concern about systemic policing issues which are brought into focus again by the alleged murder of Jesse Baird and Luke Davies.  

Our letter is attached and calls for three things: the disarming of general duties Police Officers; an independent inquiry into police use of force and weapons; and, an end to the practice of police investigating police for misconduct and excessive use of force.

Recently three people in Sydney were hospitalised after taking pills that they believed to be MDMA but actually contained a powerful opioid, nitazene. Individuals taking as little as half a tablet were hospitalised. 

In response to these hospitalizations, NSW Health issued an urgent warning about the tablets, describing them as orange or red, rectangular in shape, featuring a red bull logo and text.

This incident has reignited calls for drug testing.

The twentieth anniversary of the passing of TJ Hickey, a young Indigenous individual, serves as yet another stark reminder of the numerous First Nations individuals who have lost their lives due to encounters with law enforcement or correctional systems. 

This anniversary coincides with the release of an update on the Closing the Gap report by the Federal Government, marking the sixteenth anniversary of the National Apology to Indigenous People. This report has shown that progress on some target have gone backwards. 

Today marks the 20th anniversary of the death of First Nations teenager, TJ Hickey. The NSW Council for Civil Liberties joins his family, friends, and the First Nations community in solemn remembrance.

On February 14, 2004, TJ tragically died after being impaled on a fence during interactions with NSW Police. His death remains deeply etched in the hearts and minds of his family, friends, and the First Nations community.

In 2023, a video surfaced, widely reported by outlets like Fox News, TMZ, and the Monthly, purportedly showing pro-Palestine protesters at the Opera House chanting "Gas the Jews," according to the video's captions. However, following an extensive investigation by the NSW Police into its authenticity, they have concluded that there is no evidence supporting these claims.

NSWCCL endorses the draft recommendations of the Commission which will bring reforms to the Deductible Gift Recipient (DGR) system, making it more transparent, simpler, fairer and more consistent. The current DGR system is complex legislation and operates under outdated categories that do not capture the diversity of modern Australian charities. In our submission we comment specifically on areas that require further action to ensure a more democratic process and that align more consistently with civil rights. Our submission also concentrates on the system that determines which entities in Australia can receive tax deductable donations rather than tax incentives encouraging donation.  

The Bill was introduced into Parliament on 29 November 2023, and was passed by both Houses on 6 December 2023. Now in force as the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 (Act), it has repealed and replaced provisions of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007.

This Bill should have been referred to the PJCIS to allow proper scrutiny before, not after, the Bill passed. This legislation was rushed through both the House and the Senate with very limited consultation, no exposure drafts and very short notice. In our view, no clear or adequate justification has been given for this rushed process.

In 2015, in a highly politicised environment, where there was very little nuanced public debate regarding national security, the Australian government added citizenship revocation on terrorism-related grounds (citizenship stripping) into the Australian Citizenship Act. Citizenship revocation was introduced to both dissuade disaffected people from committing acts of terrorism, as well as addressing the anticipated risks that individuals who had been convicted of terrorism related offences may pose to the community upon their release.

The New South Wales Council for Civil Liberties considers that the powers contained in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (Cth) (Division 3) disproportionately infringe on fundamental civil liberties, create a serious threat to the rule of law in Australia, and moreover, no longer have the utility which precipitated their creation. The NSWCCL submits that Division 3 should be repealed in full.

The Division 3 powers, when introduced, were cast as a transient response to an exceptional set of events, as a response to the perceived terrorism threat following the 9/11 attacks. However, more than two decades on, and what were once powers of unprecedented and exceptional reach, are now a permanent feature of Australia’s legal landscape. Given the reduction in the threat of terrorism, coupled with the fact that Division 3 powers have rarely been utilised, the powers given to Australian Security Intelligence Organisation (ASIO) under Division 3 are now well beyond the scope of what is reasonably necessary. They overstep intelligence collection and veer into investigatory powers that are properly the purvey of law enforcement agencies.