News

Policy wonks unite!

In its editorial, the Byron Shire Echo noted both our calls to protect contact tracing data and our coverage of the constitutionality of the lockdown.

More: Editorial - let's all acquiesce

Share

NSWCCL calls on NSW Government to rethink approach as army called in

NSWCCL notes with concern a request from NSW police for support from the Australian Defence Force to enforce COVID-19 restrictions. While the army has previously been used to enforce border restrictions and hotel quarantine, the use of the army to control citizens as they go about their daily lives is an unprecedented escalation.

This is a health crisis, not a national security crisis, and it must be approached as such. As noted by NSWCCL committee member Lydia Shelly in an article in the Guardian, the disproportionate policing of lower socio-economic areas that historically have a strained relationship with police is not the answer. 

Read more
Share

The Government must not use charity crackdown to silence dissent

The NSWCCL is calling for the disallowance of proposed regulations could that could prevent charities from engaging in important advocacy work.

The regulations would allow the Australian Charities and Not-for-profits Commission (ACNC) to deregister an organisation if it “reasonably believes” its members are likely to commit a summary offence.

We echo concerns expressed by many charities that the regulations could empower the regulator to deregister a charity for attending or promoting protests where minor offences are committed without the charity's knowledge or involvement. 

Read more
Share

Climate Bill report

The rejection of Independent MP Zali Steggall's climate action legislation by a Government-dominated parliamentary committee shows how far out of touch the Government is with most Australians' views on climate action.

Polling routinely shows the majority of Australians support climate action: for example, a recent Essential Report shows support ranging from 62% to 81% in support of a range of propositions including preventing new coal mining, zero-carbon targets and developing green industry.

Read more
Share

Are our media freedoms under attack?

The NSW Council for Civil Liberties is deeply concerned by the escalation in legal sanctions faced by journalists in the course of their work, as highlighted by the recent high profile Friendlyjordies case.

Friendlyjordies, or Jordan Shanks-Markovina, is a well known YouTuber and online commentator. In a number of videos, Shanks-Markovina is deeply critical of the Deputy Premier, John Barliaro, leading to a defamation case over two videos that John Barilaro alleged were part of a smear campaign against him. 

In itself, this was troubling enough: a politician in an uncomfortable position may find that a defamation case provides a convenient shield against having to answer any further awkward questions. Meanwhile, defending such cases can be an extremely costly and time-consuming exercise, giving publications significant pause for thought before publishing strong critiques of people who might be inclined to sue. (For more, see NSWCCL on politicians and defamation).

But what came next was extraordinary.

The arrest

Prompted by a complaint to police by Barilaro, Friendlyjordies producer Kristo Langker was arrested by the NSW Fixated Persons Investigations Unit (FPIU) and charged with stalking Barilaro.

Read more
Share

NSWCCL on politicians and defamation

The NSW Council for Civil Liberties is deeply concerned by the tendency of Australian politicians to employ defamation law against journalists and critics. This behaviour has a significant potential chilling effect on freedom of expression, undermining our ability to hold politicians to account.

Read more
Share

NSWCCL statement on Sydney's weekend protests

This weekend saw some disturbing incidents playing out in Sydney during protests against the current lockdowns.

NSWCCL has reviewed some of the footage with concern.

We support the right to peaceful protest - irrespective of whether we agree with the demands of those protesting.

But rights are not absolute and protest should be made in a responsible way that takes account of prevailing circumstances.

Read more
Share

Calls for police to show restraint after Sydney COVID-19 protest

In its coverage of the weekend's violent protests The ABC quoted NSWCCL President Pauline Wright, who condemned the weekend's violent anti-lockdown march in Sydney but says people do have the right to protest.

"Rights though are not absolute and people should protest peacefully and at the same time we would call on New South Wales Police to exercise restraint," she said.

More information: Calls for police to show restraint after Sydney COVID-19 protest

Share

Are lockdowns unconstitutional?

We've fielded many queries in the past weeks about the impact of the recent COVID19 lockdowns on our civil liberties. With some help from George Williamsan Australian academic specialising in Australian constitutional law, here are some answers.

Read more
Share

Translators in Afghanistan: the Government must act now

The NSW Council for Civil Liberties wrote to Senator Marise Payne today calling for urgent action to rescue people employed by Australia in Afghanistan now, without long delays checking on health, security and character. 

Comments from our Government that those working through subcontractors are not eligible, or that the Government is following rules drawn up by the previous Labour government, are deeply disturbing.

It's time for action, not political point scoring.

 

Share

NSWCCL calls on DFAT to retract Sri Lanka report

The NSW Council for Civil Liberties is calling DFAT to withdraw its 2019 Country Information Report - Sri Lanka, relied on to refuse protection to Tamils including the Murugappan family, due to concerns over its currency and accuracy.

DFAT's country report was criticised recently (27 May) by a UK Upper Tribunal, along with a similar UK report, which the UK Home Office removed the next day (28 May) as it was 'out of date'.

Read more
Share

NSWCCL Submission: Digital Identity Legislation Position Paper

On 16 July 2021, the NSW Council for Civil Liberties made a submission to the Digital Transformation Agency (DTA) in regard to the public consultation on the Digital Identity Legislation Position Paper.

NSWCCL welcomes the codification of the DIS which will embed privacy safeguards in primary legislation not in a subordinate instrument. The DIS claims to include a number of privacy features. The effect and success of which will be known once the draft legislation is introduced. 1 Such features include voluntary participation, no single identifier, express consent and Privacy Impact Assessments (PIA) for accreditation. Despite these provisions, there are clear weaknesses. The rules, for example, will allow for the PIA to be conducted by an assessor from within the same entity as the applicant; hardly independent.

More information:

Share

Australia needs to protect both civil liberties and national security

Writing in the Strategist, NSWCCL Vice President Lydia Shelly and John Coyne argue that Australians have seen their civil liberties and their community cohesion increasingly securitised and viewed as secondary to the need to prevent violence post 9/11.

"Despite our efforts to promote unity and to deny the world’s divisive cultural, political and ideological conflicts fertile ground to spawn hatred in Australia, old and new divisions remain deeply rooted in our multicultural society. Dealing with the Covid-19 pandemic threatens to further fracture and fragment our understanding of civil liberties and national security and how to protect them both."

For more: read the full article - Australia needs to protect both civil liberties and national security

Share

ServiceNSW Check-ins: is your data safe?

UPDATE: This concern has been partially addressed by this amendment to the Public Health Order on 10 July:

 27 Direction about use and disclosure of contact details To avoid any doubt, it is directed that contact details provided under clause 25 are to be used or disclosed only for the purposes of contact tracing during the COVID-19 pandemic.

Legislation to ensure privacy protection, similar to that passed in Western Australia, would be preferable.

From Monday 12 July, it will be mandatory for all businesses and workplaces in NSW to use the ServiceNSW Check-in tool. While contact tracing is vital for NSW given the seriousness of the current COVID19 outbreak, the NSWCCL has serious concerns about the privacy of individuals' data.

In WA, police have already accessed contact tracing data during criminal investigations on two occasions, prompting the WA Government to urgently pass legislation ensuring that contact tracing information can only be used and disclosed for contact tracing and related purposes.

Meanwhile, The Victorian and Queensland state governments have confirmed the police can access data from their respective COVID-19 QR code check-in apps with a warrant. In fact, the Queensland police have already done so.

The NSWCCL calls on the NSW Government to enact laws to ensure that data provided for contact tracing can't be used for anything else.

More information: read our public statement

Share

The Delta strain is not the only thing spreading in south-west Sydney. So is racial bias

The Guardian: The disproportionate policing of lower socio-economic areas that historically have a strained relationship with police is not the answer to a health crisis, NSWCCL Vice President Lydia Shelly.

For more: read the full article in the Guardian

 

Share

NSWCCL calls on NSW Government to implement Ice Inquiry recommendations

Nearly 18 months after the 'Ice' Inquiry recommended decriminalisation, diversion, and a whole-of-government approach, the NSW Government's Final Response is missing in action.

Meanwhile, community support for a health and education based approach is growing: the 2019 National Drug Strategy Household Survey showed that 57% of Australians supported pill testing, while the most common action supported for people in possession of drugs including amphetamines was ‘referral to treatment or an education program’.

The NSWCCL urges the Government to publish its Final Response as a matter of urgency and to reconsider its opposition to measures that focus on health outcomes. It is time to fundamentally rethink our current approach to drug policy to better reflect our society’s values and expectations. We need an evidence- based approach that prioritises health and education and supports, rather than stigmatising, those affected by drug use.

For more: read our letter to the NSW Attorney General

 

Share

Submission: The Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020

NSWCCL has made a submission to the Parliamentary Joint Committee on Intelligence and Security's Review of the Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020.  

If passed, this bill would cripple the ability of litigants to have access to information that is critical for their cases for retaining a visa, becoming citizens or retaining their citizenship. While it protects the constitutionally guaranteed powers of the High Court, the Federal Court and the Federal Circuit Court to know whatever information is relevant to their reviews of ministerial decisions, it would prevent other courts and other bodies from having such access. And vitally, it not only would allow protected information to be concealed from litigants and their counsel, it would allow them to be denied even the information that such information exists. In effect, only the Minister could use the information in court. This is unacceptable. It is contrary to Australia’s international obligations. But most importantly, it is a severe intrusion on the rights of a person to a fair hearing. It overturns the basic legal principle of equality before the law.

Read more
Share

Refugee week: five steps the Government should take

Refugee Week 2021: Australia is watching the unfolding fate of the Biloela family, leading us to reflect on the harm that our Government has caused - and continues to cause - to vulnerable people.

Ironically, refugee week began in Australia in 1986 before spreading to other countries. Fast forward 35 years and we have the dubious distinction of years of international condemnation for our illegal detention of asylum seekers and refugees.

Compounding this, we routinely separate families; our family reunification processes have been labelled 'discriminatory' by the UN; and advocates say refugees are being overlooked in our vaccine rollout.

Read more
Share

Family separation and the character test

The criminal justice system may impose a sentence of imprisonment on a person. While the person’s family is affected in obvious ways by this, once the sentence is served, the family member returns home.  There is no family separation beyond the sentence.  But where the person is not an Australian citizen but is here on a visa, even a permanent residence visa, they may be held to have failed the character test under section 501 of the Migration Act, and have their visa cancelled.  They are at once put in immigration detention.  Between July 2018 and December 2020 there were 2,517 such cancellations.   

Read more
Share

UNHCR slams Australia's approach

A Senate inquiry, which started in February, is examining the processing of family and partner reunion visas over concerns the system is being plagued by lengthy waiting times and exorbitant costs.

In a submission to this inquiry, The UNHCR slammed Australia and specifically pointed to the disproportionate impact of these challenges on refugees trying to bring family into Australia.

Read more
Share