A diverse group of community organisations has come together once again to continue efforts to stop One Nation from harming our education system and the wellbeing of our children.

In our joint media release, we condemn the inquiry into the Bill, which was run by Mark Latham himself in an abuse of democratic process. 

We are fighting One Nation's Education Legislation Amendment (Parental Rights) Bill 2020 because it is:

Channel 10 considers the road map out of lockdown, looking at planned restrictions on unvaccinated people. 

Our President Pauline Wright called for rapid testing: “If [people] can prove that they are covid free they should be able to go about their normal business just as you or I can”.

She also commented that, while restrictions on the unvaccinated are legal for now, “when they cease to be proportionate, if they outlast the crisis and outlast the threat, then that might not be the case any more.”

More: view the Channel 10 coverage. The content we linked to is no longer available

According to an ABC report, people who have tested positive for COVID are being forced to stay inside their homes for weeks longer than the typical 14-day isolation period because of delays in paperwork, according to a member of a NSW public health call centre in a Sydney hotspot. 

We wrote to Health Minister Brad Hazzard about this and our concerns about vaccine passports.

More information: Read our letter to the Health Minister

Urgent action is required in response to the news of the worsening outbreak of COVID cases in prisons and the tragic death of a NSW youth corrections officer. 

We understand from media reports on 17 September 2021, that more than 40 NSW corrections staff were Covid-positive (not including staff at the privately-run Parklea prison, where the outbreak began) as well as more than 300 inmates across the prison system also testing positive, including 84 First Nations people. 

The risk we flagged in August, of Covid spreading rapidly in prisons, is becoming more likely by the day and it is crucial that all necessary measures be taken immediately to mitigate the risk of this happening. 

We are increasingly concerned with the policing practice of the NSWPF as it responds to the pandemic. Watching the escalation of violence in Victoria, we are also concerned with the possible possession and use of pepper pellets and hard squash-ball like missiles.

Disproportionate police response

In a series of recent media clips members of the NSWPF have approached and/or arrested several young men visibly of racial and/or ethnic minority backgrounds. In these incidents, the NSWPF have alleged the young men have not been wearing face masks. Police intervention of this nature directly undermines the common law principle that arrest is indeed a sanction of last resort.

Possession and use of pepper pellets etc

Prompted by recent events in Victoria, the NSWCCL is alarmed about the possible possession and use by the NSWPF of pepper pellets and hard squash-ball like missiles in the community.

NSWCCL wrote to Commissioner Fuller to urge him to ensure that NSW Police use the powers granted to them under the Public Health Act 2010 in a manner that respects human rights. We also asked whether equipment similar to that seen deployed in Victoria is being held in reserve in NSW and in what circumstances we are likely to see it used.

CCL has been concerned about the treatment in Immigration Detention Centres, and particularly in Villawood, of detainees who are put into quarantine for fourteen days when they return from medical or dental appointments outside of the centres. 

Now The Saturday Paper reports that a detainee who was identified as a contact of a guard at Villawood who contracted COVID-19 has similarly been put into isolation in a room with no view outside and minimal furniture. Even worse, this time the light has been left on all night. This, as he complains, is a recognised form of torture.  

Update 2 Dec 2021: NSW Government must recognise Aboriginal cultural fishing in line with parliamentary support
Update 20 October 2021: see also our joint media release prompted by the news of a decision to increase the commercial take.  

Members of the Aboriginal community who have a right to fish under the Native Title Act 1993 are being prosecuted under the Fisheries Management Act 1994 (NSW) (FMA) contrary to those rights. Mounting a native title defence is both time consuming and expensive, meaning that a number of Aboriginal men have been incarcerated as they have been unable to defend themselves.

A legislative amendment that would resolve this situation was passed 11 years ago, but hasn't yet commenced. NSWCCL has written to the NSW Minister for Agriculture to urge him to immediately rectify this situation - rights that require a costly legal defence to enjoy are not worth the paper on which they're written.

Four academics writing in The Conversation criticised Mark Latham's report into his own bill saying that the "inquiry ignores scientific research in supporting changes to the Education Act. These changes are likely to add to the risks of harm that transgender and gender-diverse young people face".

The piece quoted our Tweet stream calling out the inquiry and commending the minority report rather than the majority.

Full article: NSW inquiry rejects expert advice on Parental Rights Bill, and it will cause students to suffer The Conversation 14 Sept '21

In the light of news that at least one guard has tested positive, NSWCCL is renewing its calls for refugees to be released from detention immediately.

Last week news broke that a guard at the Melbourne Immigration Transit Accommodation (MITA),  had tested positive for COVID-19 — the Delta variant.  MITA is one of the larger detention centres for asylum seekers and non-citizens who have had their visas cancelled under the character test provisions of the Migration Act.  

SBS News covered Common Ground Towers residents' protest against 'overpolicing' on Saturday after revelations that officers were searching packages and confiscating alcohol under the direction of NSW Health.

The coverage quoted the open letter we signed with Amnesty International, Legal Observers NSW, Tenants Union NSW, Shelter NSW and Melbourne Activist Legal Support condemning "the inappropriate policing and unlawful searches imposed on residents of Common Ground in Camperdown".

Read the full article:  Sydney social housing towers residents protest 'overpolicing' SBS News 11 Sept '21

NSWCCL wrote to the Leader of the Opposition Anthony Albanese and the Shadow Attorney General Mark Dreyfus to support the commitment in Labor’s national platform to review the Human Rights Framework established by previous Labor governments and consider whether it could be enhanced through a statutory charter of human rights or other similar instrument. We called for a commitment to that review in the first hundred days of the next Labor government as a catalyst to reform Australia’s ethical infrastructure.

More information: read our letter

NSWCCL joins Amnesty International, LONSW, Shelter and TUNSW in condemning the inappropriate policing and unlawful searches imposed on residents of Common Ground in Camperdown. We stand in solidarity with the residents in lockdown. Below is our joint open letter - also published on the Legal Observers NSW website

NSWCCL condemns the report of the NSW Legislative Council inquiry into Mark Latham and One Nation’s so-called ‘Parental Rights’ Bill (the Education Legislation Amendment (Parental Rights) Bill 2020) released on the 7th of September. NSWCCL made a submission and gave oral evidence to the inquiry. 

At the time, we said “NSWCCL considers that the Bill should not be passed. Not a single aspect of the Bill improves upon the law as it currently stands in NSW. Moreover, the Bill is an appalling contribution to public debate and education policy in this State.… The Bill:

This opinion piece in The Echo argues that "at the bottom of every COVID-19 related rabbit hole ... is a conspiracy so vast, it is highly improbable. When you combine them, the hypothesis is so impossible it beggars’ rational belief."

It goes on to say: "Which means that every single cantankerous obstinate defence lawyer I know, and all the judges and magistrates, and the Council for Civil Liberties, and Legal Aid and the Aboriginal Legal Service and the Community Legal Centres and the Law Society and Bar Association are all wrong, and they know they are wrong, and they are suppressing a legal perspective that immediately liberates us all from these rules. And with no internal dissent. Really, what are the chances of that?"

Read the full article: The mathematics of delusion

On Thursday, in a blatant and cynical attempt to avoid transparency, the Government introduced a Bill that gives National Cabinet the status of a 'Cabinet' - meaning that the PMO can now keep its deliberations secret. This nullifies a recent finding by the Administrative Appeals Tribunal (AAT) that the ‘National Cabinet’ was not a cabinet in any real sense of the word, so key documents should be released.

Hosted by Julian Morrow, the Round Table on this week's Sunday Extra considered the hard questions about police powers during COVID. Highly restrictive health orders have become part of life over the past 18 months - with the focus now shifting to vaccines, have police powers gone too far? How much of the restrictions will and should be wound back?

Our President Pauline Wright joined Dr Thalia Anthony and Professor Marc Stears on this panel discussion.

Listen here: Sunday Extra 5 Sept '21 ABC Radio National from 2:26 

The Guardian reports on an app being trialled in South Australia that uses facial recognition and geolocation to enforce home quarantine during the Covid-19 pandemic.

Our Secretary Michelle Falstein told the Guardian that the lack of primary legislation underpinning apps of this kind has made it difficult to assess how privacy concerns are managed, how long data is being kept, who it’s shared with, and how it is stored.

NSWCCL and the Sydney Institute of Criminology have made a joint submission expressing concern about the Commonwealth’s continuing detention scheme for terrorist offenders and its lack of compatibility with human rights law and fundamental principles of criminal law.

We argue that serious consideration should be given as to whether the scheme is necessary. If the scheme is to continue, we argue that the scheme should be amended in substantial ways to enhance (to the extent possible) its compatibility with human rights law.