The Australian Government’s treatment of refugees and stateless peoples is and has been a shameful mark on our shared history. Australia continues to  fail to uphold our international legal obligations. On 6 November 2024, the High Court of Australia found that it was also unconstitutional.

In YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 40,  the High Court found that the laws governing the imposition of onerous conditions like strict curfews and the use of ankle monitors were punitive and had no legitimate purpose. The NSWCCL welcomed this decision that would prevent the Government from punishing hundreds of people simply due to the status of their visa.  

This decision follows the landmark decision of the High Court, in NZYQ that found it was unlawful and unconstitutional for the Government to indefinitely detain stateless people. It was in response to that decision, the Albanese Government rushed to impose the punitive and reprehensible laws and visa conditions on the cohort of non-citizens released from indefinite detention that the High Court have now found were invalid.

Instead of welcoming the decision of the High Court, the Albanese Government is rushing to introduce new powers which would give the Minister for Immigration the power to authorise these exact same punitive conditions on people with bridging visas. Not only this, but the Bill seeks to allow the Australian government to create “third country reception arrangements” with foreign countries meaning that visa holders can be forcibly removed to foreign countries even if to do so risks their safety.

To its shame, both the Government and the opposition have maintained unconstitutional and unconscionable positions with respect to indefinite detention and the treatment of stateless persons and bridging visa holders The NSWCCL calls on them to heed the High Court’s Decision to which has curtailed the unlawful use of governmental power. 

The NSW Council for Civil Liberties has written to the NSW Attorney General asking for an urgent explanation as to why the NSW Government has failed to table a report into the review of the draconian anti protest laws. Failure to release this report amounts to a breach of section 214B of the Crimes Act 1900 (NSW). 

Section 214B of the Crimes Act 1900 (NSW) outlines that the government must table a report into the review of the Roads and Crimes Legislation Amendment Act 2022 (NSW). According to the legislation, this report was due on 1 October 2024.

The Roads and Crimes Legislation Amendment Act 2022 increased penalties for protesters who cause disruption to major roads, ports and train stations to $20,000 and imprisonment for up to two years and undermine the ability of people in NSW to protest. Two years on from the introduction of the draconian 2022 anti-protest laws, these laws have created a chilling effect on civil movements and social progress. 

Today the NSWCCL has written to the NSW Police Commissioner, Karen Webb calling for NSW police to respect the role of independent Legal Observers at the upcoming Rising Tide protest. 

Independent Legal Observers, who are generally volunteers, work to improve accountability from the police and protect the rights of protesters. Legal Observers perform tasks such as distributing information cards, briefing individuals on their legal rights, documenting interactions between protesters and the police through notes and photography, and video recording. They are recognised as Human Rights Defenders by the Office of the United Nations High Commissioner for Human Rights. Legal Observers fall under the protection of the Declaration on Human Rights Defenders.

NSWCCL is reiterating that NSW police urgently: 

1. Ensure that police officers are briefed on the role of Legal Observers and understand that role, its legitimacy, and Legal Observers' right to carry out that role unhindered. 

2. Ensure that police officers do not obstruct Legal Observers as they carry out this role.

3. Ensure that police officers do not instruct Legal Observers to direct protestors, but instead respect their independence. 

4. Ensure that police do not ask Legal Observers not to video, do not deliberately step in the way as videoing occurs, and likewise do not seek to prevent members of the public from recording interactions.

5. Ensure that Legal Observers are not required to produce their ID without grounds other than performing this role. 

NSW Premier Chris Minns’ has consistenly opposed drug decriminalisation, but despite this, a recent NSW parliamentary inquiry reccomended a roadmap for reforming cannabis laws.

The committee’s interim report advocates for a staged approach to reform, beginning this parliamentary term with a gradual relaxation of cannabis criminalisation, starting with increasing possession limits, reducing penalties for personal use, and reclassifying non-commercial cannabis sharing as possession rather than supply. The report also encourages limiting police search powers, and favours the use of cautions over arrests.

In a recent ruling, the NSW Supreme Court sided with the NSW Police in blocking a planned climate protest on Newcastle Harbour, citing concerns for public safety. The protest was organised by the climate campaign group Rising Tide. The court's order, delivered by Justice Desmond Fagan, does not outlaw the protest itself but restricts the use of the waterway for the demonstration.

Rising Tide has responded to this ruling, stating that people still have the right to protest on the beach and in the harbour. 

“The case was never about whether or not the People’s Blockade can go ahead. People do not need police permission to gather and protest on public land in NSW.”

“The People’s Blockade WILL continue!” the climate campaign group said. “It is NOT ILLEGAL to paddle on the waters of Muloobinba/Newcastle Harbour or to protest on a beach or park.

In August 2024, former President of the NSW Council for Civil Liberties and former NSW Director of Public Prosecutions, Nicholas Cowdery AO KC FAAL appeared at the NSW inquiry into the impact of the regulatory framework for cannabis on behalf of NSWCCL. 

A copy of our submissions can be found here. 

A copy of our press release with comments by Nicholas Cowdery AO KC FAAL can be found here. 

NSWCCL submitted that cannabis in New South Wales should be decriminalised, but regulated.  There is consistent evidence that decriminalisation doesn’t encourage drug use or increase drug taking in the community. In fact, decriminalisation may have the opposite effect, as more people are able to access advice, support and treatment for any problematic health issue resulting from drug use.

Today, the Inquiry released a copy of their interim report, which can be found here. 

The NSWCCL has highlighted the urgent need for a comprehensive regulatory framework to govern the use of AI by public sector entities in Australia. While AI offers significant benefits in improving efficiency and service delivery to the public, it also poses risks to privacy, fairness, transparency, and accountability. NSWCCL’s recommendations aim to achieve a balance of innovation with the protection of individual rights and the promotion of public trust.

Recently, the NSW Police attempted to halt the ongoing peaceful protests for Palestine, which have taken place every Sunday in the CBD for over a year, by filing an application with the NSW Supreme Court. After the rejection of this application, Premier Chris Minns appeared on 2GB Radio with Ben Fordham, where he expressed his view that the NSW Police should have the authority to deny protest applications, citing the strain on police resources.

Last week, NSW Greens MLC Sue Higginson led a coalition of civil society voices and organisations in criticising Minns for his attempts to suppress protests and called for the repeal of the anti-protest laws, first introduced in 2022.

The Greens, along with representatives from a large variety of Human Rights and Political groups including the NSW Council for Civil Liberties, the Maritime Union of Australia, Rising Tide, Extinction Rebellion, Palestine Action Group, First Mardi Gras Inc, Students for Palestine at Sydney Uni, and the North East Forest Alliance, held a press conference to condemn the recent crackdown on the right to protest.

They called on the Premier to reverse the anti-democratic laws that infringe on this fundamental right.

A review into the handling of recurring pro-Palestine protests in NSW has been ordered by Premier Chris Minns, as he has stated concern over the cost of policing the weekly marches, which have taken place every Sunday in Sydney for over a year.

Minns argued that the large police presence required for these protests has become an unsustainable drain on resources, diverting attention away from serious crime.

The proposed crackdown, which would allow police to deny march requests due to stretched resources, has sparked criticism, with opponents calling it undemocratic and dangerous. The premier’s suggestion comes amid ongoing rallies in multiple states, where similar concerns about resource allocation have arisen.

NSW premier, Chris Minns, recently said that policing pro-Palestine protests has cost the state $5m this year and the force should be able to shut them down because of the “huge drain on the public purse”. From this Minns has ordered a review of police resources used at the pro-Palestine protests taking place in the CBD each weekend for the past year. 

Critics have responded to his statement, saying that the premier was continuing to “disregard human rights and civil liberties”.

Protest organisers in NSW would be less likely to face legal battles for permission to hold protest if the state adopted a human rights charter, according to a legal expert.

On Thursday, Sydney’s pro-Palestine rally organisers were in the supreme court, contesting a police attempt to block their Sunday protest and another event planned for Monday. The police eventually approved Sunday’s protest after a last-minute route change. The organisers of the Monday event chose to cancel their application for Monday’s protest, choosing instead to hold a vigil, which doesn't require approval.

This standoff reignited calls for the NSW government to replace the current approval process with a human rights act.

Premier Chris Minns previously supported police, arguing that neither event should proceed due to concerns over potential violence.

In our submission NSWCCL calls for the age of criminal responsibility to be raised to 14 years old. This is essential in creating a fairer youth justice system. The incarceration of children under 14 is contrary to Australia's human rights obligations and international humanitarian law.

Children are harmed and traumatised by contact with the police, courts and prison. With evidence showing that incarcerating children leads to high recidivism rates, with nearly all children imprisoned between ages 10-12 reoffending as adults. This period of life is crucial in establishing pyscho-social support systems aimed at rehabilitation. 

Recent NSW statistics reveal significant legal actions against children under 14, predominantly for non-violent offences and disproportionately affecting First Nations communities. In the June quarter 2023, there were 812 young Australians aged between 10 and 17 in detention on an average night. 59% of them were First Nations
children and young people despite First Nations peoples making up 3.2% of the total Australian population. It is clear that incarceration and 'tough on crime' policies are not helping but rather contribute to exacerbating this disparity. One cannot speak of youth crime in a rural/regional NSW context without understanding the underlying racism of the justice system through the over-representation of First Nations children.

Resources should be devoted to reducing this over incarceration through Drug Court, Circle Sentencing, and through Justice Reinvestment where the underlying factors driving crime are addressed by investing in community-driven solutions and alternatives to incarceration.

We strongly assert that the decision to allow only seven working days for public submissions on such a critical and complex piece of legislation is incompatible with the principles of transparent governance.  This extremely short process will exclude many voices and undermines the democratic principles of participation and inclusion.

The NSWCCL supports increased regulatory powers for holding digital platforms accountable and transparent, and agrees with the Bill's overall intent, however, we stand with our civil society colleagues in recommending amendments to improve public transparency and to amend the industry code-making process to give the regulator the power to set industry standards.

NSWCCL has, for many years, maintained that Alcohol and Other Drug (AOD) use should be addressed as a health and social rather than a legal issue. It therefore advocates the transfer of powers relating to drug use from the criminal justice system to the health system.

The Council also supports the policy of harm minimisation, rather than zero tolerance, in treatment of the effects of AOD, and more equitable access to safe and appropriate AOD services, including for priority populations in the National AOD strategy such as young people, First Nations communities, people in contact with the criminal justice system, and LGBTQI+ people.

Today was an important moment in the history of the right to protest in New South Wales.

For nearly a year, peaceful protests and vigils have occurred across our country calling for the immediate end of violence in Palestine which has seen Hospitals and Schools bombed, the taking of hostages, the mass displacement of civilian populations, forced starvation and the deaths of over 40 000 innocent civilians – the vast majority of whom have been children.

The protests in Sydney have been largely organised by Jews Against the Occupation and Palestinian Action Group. This afternoon, after a day in court, the groups announced that a rally on 6 October and a standing vigil on 7 October will proceed.

2 October 2024

Dear Commissioner,

We write concerning your intention to apply to the Supreme Court for the prohibition of the holding of public assemblies by Palestine Action Group on 6 and 7 October. We strongly urge you to reconsider your decision to apply to the court and instead work with assembly organisers to facilitate the exercise of the democratic right of protest under the protections in the Summary Offences Act and in line with the government’s human rights obligations.

The NSW Police Commissioner Karen Webb has applied to the NSW Supreme Court to prohibit a pro-Palestine rally planned for October 7, marking the first anniversary of the October 7 attacks. She has also applied to prevent the group from continuing their weekly Sunday rally, due to safety concerns.

Australia’s Citizenship Day, observed on 17 September, passed with little recognition despite its significance.

The date marks the anniversary of the 1973 renaming of the Nationality and Citizenship Act 1948 to the Australian Citizenship Act. Prior to this, those born in Australia or Commonwealth countries were considered British subjects, while others not born in Commonwealth countries could be naturalised to become British subjects.

The Act created Australian citizenship for all former British subjects and opened the path for foreign-born individuals to become Australian citizens.

Recently, Labor, including Minister for Indigenous Australians Malarndirri McCarthy, voted against Lidia Thorpe's motion which calls for quarterly reports on deaths in custody, ongoing coronial inquests, incidents of self-harm, and miscarriages in custodial settings.