The New South Wales Council for Civil Liberties supports the campaign for a Royal Commission into
Immigration Detention – including onshore and offshore detention on Nauru and Papua New Guinea.

The campaign for a Royal Commission into Immigration Detention is being launched at Parliament
House in Canberra on Tuesday 28 November 2023, hosted by Kylea Tink, Member for North Sydney.

The New South Wales Council for Civil Liberties has consistently raised our concerns with respect to
the proposed Crimes Amendment (Prosecution of Certain Offences) Bill 2023. We note our previous
press release issued on 23 November 2023 on this issue.

Protesters who participated in a pro-Palestine rally in Sydney on Tuesday night, forcibly dispersed by the police, are challenging the assertion made by New South Wales Premier Chris Minns that the police response was reasonable.

Twenty-three individuals were arrested and charged by NSW police during the protest at Port Botany, which targeted the unloading of a ship owned by the Israeli company ZIM, known for its support of the Israeli government in its conflict with Hamas in Gaza. The organizers, Palestine Justice Movement Sydney and Unionists for Palestine, along with civil rights groups, criticized the police for their handling of the situation. Riot squad and mounted officers were deployed to forcibly disperse the crowds, including children.

Open Letter to the Police Commissioner from Lydia Shelly

I write in my capacity as the President of the New South Wales Council for Civil Liberties (the Council), one of Australia’s leading human rights and civil liberties organisations. This is an open letter addressing concerns about the treatment of independent Legal Observers by the New South Wales Police (NSW Police) during a recent climate change protest in Newcastle.

The Council, founded in 1963, is a non-political, non-religious, and non-sectarian organisation dedicated to championing the rights of all to express their views and beliefs without suppression. We hold Non-Government Organisation status in Special Consultative Status with the Economic and Social Council of the United Nations, as per resolution 2006/221 (21 July 2006).

At the climate change protest on Sunday, November 26, 2023, in Newcastle, several Legal Observers were charged for activities that were within their role as Legal Observers. These individuals were easily identifiable by wearing pink high-visibility jackets with "Legal Observers" written across the vest in large black letters. Furthermore, the arrested Legal Observers informed the police of their independent role and function at the protest.

We are concerned that New South Wales (NSW) police have arrested several Legal Observers at the recent climate change protest that occurred on Sunday, November 25, 2023.

Legal Observers attend protests, usually as volunteers, to protect the rights of those protesting and to improve police accountability. Their hands-on tasks include handing out information cards, briefing people about their legal rights, taking notes and photographs, and video recording interactions. Volunteer Legal Observers are recognized as Human Rights Defenders by the Office of the United Nations High Commissioner for Human Rights and, as such, fall under the protection of the Declaration on Human Rights Defenders.

The Declaration of the Right to Protest, which we recently endorsed, recognizes the important role of Legal Observers and calls for their protection. Their role and importance do not diminish or extinguish even if a protest is declared “unlawful.”

The Legal Observers at the recent climate change protest were clearly identifiable in pink hi-vis vests with “Legal Observers” written on them. They informed NSW police of their role at the protest.

In response to escalating tensions surrounding the conflict in Gaza, a legislative reform has been introduced to the New South Wales parliament, granting the police the authority to bring charges for threats and incitement to violence based on race and religion. Premier Chris Minns, emphasizing the need for robust hate speech laws, announced the change after a prompt review of existing legislation, stating that such laws should possess substantial enforcement capabilities.

However, the proposed reform has faced criticism from prominent legal figures who argue that safeguards are crucial, expressing concerns that the changes could potentially "open the floodgates for controversial speech to be investigated."

Under the current system, police are required to obtain approval from the director of public prosecutions (DPP) before charging individuals for making threats or inciting violence. The proposed amendment seeks to bypass the DPP, entrusting the power directly to the police.

The hate speech laws in NSW are set for a revision to address concerns about the rising threats of violence amid ongoing tensions related to the Gaza conflict. The current legislation, which criminalizes public threats or incitement of violence based on factors such as race, religion, or sexual orientation, is deemed ineffective in deterring such behavior, according to the state government.

On Tuesday, the Labor party introduced a bill to parliament aiming to eliminate a procedural hurdle in the criminal sanctions. Currently, the Director of Public Prosecutions must approve a case before it can proceed. The proposed changes seek to empower NSW Police to independently prosecute the offense without requiring additional approval. Individuals found guilty of this crime could face a maximum penalty of up to three years imprisonment and an $11,000 fine. 

The Maritime Union of Australia Sydney Branch is aware of the wilful complicity of the corporate mass media and conservative politicians – both within the Coalition and the ALP – in attacking the motives and actions of peaceful demonstrators who have been campaigning for justice, peace and a ceasefire in Israel and Palestine over many weeks.

For more than a month now this has taken the form of suggesting through thinly veiled subtext that anyone supporting the plight of murdered, injured and displaced Palestinians is somehow deserving of condemnation.

The NSW Council for Civil Liberties stands with High School students who plan to strike on Friday 24 November.

The extraordinary criticism of High School students and University students engaging in their democratic right to build peaceful coalitions and movements of young people does not detract from the fact that students have a right to engage in protests. The CCL affirms the rights of the public, especially young people, to exercise their right to protest free from political intimidation and criticism.

We are deeply concerned that the Minns Labor Government has signalled their intention to remove the Director of Public Prosecution (“the DPP”) as a safeguard to prosecuting individuals pursuant to section 93Z of the Crimes Act 1900 in response to lobbyists from faith-based organisations.

We stand by our previous statements regarding the right for all Australians to enjoy their religious freedoms, as well as their right to not hold any religious beliefs at all.

NSW Council for Civil Liberties, Human Rights Law Centre and Australian Democracy Network
are deeply concerned about the heavy-handed police repression of a peaceful protest near
Port Botany yesterday evening.

The protest, organised by Unionists for Palestine, consisted of a group of about 400, with
children and elderly people in attendance, making speeches and marching. Police did not allow
the protest to march on the road and instead directed it onto a roadside path leading to Sirius
Rd near the entrance of Port Botany. No vehicles were attempting to enter via this road during
this time.

When the protest paused near this driveway and protestors were peacefully sitting on the
ground, police issued move on orders and began arresting attendees. Legal observers and
others on the scene did not witness a reason being given for the move on orders.

NSW Council for Civil Liberties was born out of a protest movement in 1963 and we continue to honour the legacy of the Council’s members who fought against police brutality and for equal rights. Our proud history is built around grassroots action.

Today, we proudly stand beside over sixty civil liberty and human rights organisations that have endorsed the “Declaration of our Right to Protest” which has been developed by the Human Rights Law Centre and in consultation with activists and advocates from around the country.

Sign the petition here.

This week the NSW government revealed its consideration of a revision to hate speech laws. The existing criminalization of hate speech, implemented in 2018, has not led to a single conviction, which Premier Chris Minns sees it as a flaw in the legislation.

The issue of hate speech has gained prominence in recent weeks due to the aftermath of the extensive massacre of over 11,000 Palestinians in Gaza by the Israeli state. The Israeli government's intentions have been condemned, while Western allies observe without intervention.

This concern was brought to light when an antisemitic chant briefly broke out during a pro-Palestinian rally at the Sydney Opera House on October 9. The rally aimed to protest the premier's decision to project the Israeli flag onto the building in commemoration of the October 7 killing of over 1,300 Israelis by Hamas.

The NSW Council for Civil Liberties has made a submission to the Duty of Care Bill (Climate Change Amendment - Duty of Care and Intergenerational Climate Equity Bill 2023) inquiry.

Australia’s climate change framework currently leaves the Commonwealth unable to properly manage the development of emissions intensive activities. We need decision makers to be compelled to consider the health and wellbeing of current and future children when determining what is acceptable.

We are making our submissions on this Bill on the same day as the “School Students 4 Climate Strike” and are proud to endorse and support the voices of young people on this issue. The Council supports this Bill, and we urge the Commonwealth Government to support it as well.

The NSW Council for Civil Liberties has made a submission to the Duty of Care Bill (Climate Change Amendment - Duty of Care and Intergenerational Climate Equity Bill 2023) inquiry.

Australia’s climate change framework currently leaves the Commonwealth unable to properly manage the development of emissions intensive activities. We need decision makers to be compelled to consider the health and wellbeing of current and future children when determining what is acceptable.

We are making our submissions on this Bill on the same day as the “School Students 4 Climate Strike” and are proud to endorse and support the voices of young people on this issue. The Council supports this Bill, and we urge the Commonwealth Government to support it as well.

The NSW Government has recently implemented new legislation that prohibits the act of vilification based on religious belief, affiliation, or activity. The Anti-Discrimination Amendment Act 2023 amends the Anti-Discrimination Act 1977, making it illegal to, through a public act, incite hatred, serious contempt, or severe ridicule towards an individual or group due to their religious beliefs, affiliation, or activities.

The term 'public act' encompasses any form of verbal and non-verbal public communication or conduct.

These amendments complement the existing laws that already prohibit vilification based on race, homosexuality, transgender status, and HIV/AIDS status.

The Hon Anthony Albanese MP
Prime Minister
Parliament House
CANBERRA ACT 2600

16 November 2023

Dear Prime Minister,

We write as Presidents of Australia’s leading, membership based human rights and civil society organisations, about the unfolding humanitarian catastrophe in Gaza. We are non-political, non-religious and non-sectarian.

Since October 7, 2023, Australians have witnessed over 12,520 people die in the ongoing conflict in Palestine (including the Israeli civilians), with approximately 11,320 of these deaths caused by Israel’s military operation in Gaza. Alarmingly, an estimated 40% of these deaths have been children.

There is no safe place for children in Gaza to seek shelter. Schools, refugee camps, places of worship and hospitals have been hit by bombs. Thousands of children remain missing as entire neighbourhoods have been destroyed. The number of child deaths have exceeded the number of children who have died in all global conflict zones since 2019. 

"My name is David McBride. I am facing 50 years in prison for blowing the whistle on the Australian Defence Force's unethical, harmful and highly politicised leadership which fostered a culture of impunity in Afghanistan."

David McBride is in court this week. McBride served two tours in Afghanistan as a military lawyer, in 2011 and 2013. When he became aware of serious, systemic issues within the Australian Defence Force, he spoke up internally, and then to the police, and then to the minister. Finally, he went to the media, becoming the source for the ABC’s Afghan Files reporting. Both McBride and the ABC were completley vindicated in November 2020 by the Brereton report which shone a damning spotlight on allegations of horrific war crimes.

NSWCCL has repeatedly called on the attorney general to use his extraordinary powers to intervene and end the prosecution. We are profoundly disappointed that the AG has determined that this prosecution is in the public interest. It is NOT. Whistleblowers who bring information to light must not be subjected to a public show of prosecution under the guise of national security, or be censored because their story may cause embarrassment or cost to those in power. This case proves yet again that whistleblowers are not adequately protected in Australia. 

Tamsin Rose: A move to overhaul the law criminalising hate speech in New South Wales following clashes across Sydney amid community tensions over the Israel-Hamas war has sparked debate over the limits of freedom of speech.

The NSW premier, Chris Minns, this week ordered a review of the 2018 law that made it a crime to threaten or incite violence based on race, religion, sexual orientation or gender identity, because to date crimes under the laws had never been successfully prosecuted.

The NSW Council for Civil Liberties (NSWCCL) is concerned regarding media reports today that the Premier is moving to tighten the NSW Crimes Act seemingly in response to lobbyists from faith-based organisations.