In August CCL wrote to the NSW Attorney General on a number of matters relating to the administration of justice. We recently received a response from the Attorney General. 

We remained deeply concerned that, despite the Government Commissioning reports to address the overrepresentation of Aboriginal and Torres Strait Islander people in custody, the statistics remain shamefully high. We remain uninformed about the details of the specific additional funding/initiatives. It is important that these initiatives are detailed to the community so that the community, in particular the Aboriginal and Torres Strait Islander community, are in a position to evaluate government action in relation to this crucial issue.

We call upon the government, as a starting point to:

• Fund the Walama Court (specific sentencing court for Aboriginal people); 

• Fund residential drug and alcohol rehabilitation centres in a regional areas (noting many regional areas simply do not have a residential rehabilitation facility, making it difficult if not impossible for people to access the assistance they need thus leaving individuals, families and communities vulnerable to the devastating impacts of serious addiction)     

• Establish a committee led by the advice and knowledge of Aboriginal and Torres Strait Islander justice and health professionals to implement the recommendations of the ALRC pathways report (insert link). The committee should include Federal and State representatives to ensure there is a whole of government response to addressing this important issue.

NSWCCL letter to Mark Speakman, Attorney General (26th August 2019)

Return correspondence from the Attorney General (Dated January 2020)

NSWCCL Action Group Convenors, First Nations Justice - Rebecca McMahon, and Criminal justice, police powers and mental health, Dr Eugene Schofield-Georgeson

NSWCCL provided a submission to the Australian Treasury on the Census and Statistics Amendment (Statistical Information) Regulations 2019 (Regs) amending the Census and Statistics Regulation 2016. This amendment makes significant and concerning changes to the regulation which we oppose on privacy grounds.

Whilst NSWCCL supports the updating of the statistical information topics for inclusion in the census we oppose mandatory collection of sensitive health information and its storage for 4 years by the Australian Bureau of Statistics (ABS).

Dr Arthur Chesterfield-Evans has rallied a group of over 100 doctors who have written to the Australian Minister for Foreign Affairs, the Hon Marise Payne asking that the Australian government meet its obligation to its citizen and intervene for wellbeing of Julian Assange.

December 2019 Newsletter

In this issue -

• Medevac - another shameful last week in the Australian Parliament
• Major rethink on police strip search powers urgently needed
• Religious Discrimination Bill – trouble ahead?
• Government secrecy or a free media?
• Meet the 2020 NSWCCL Committee
• In the media

Read/Download the December Issue (PDF) HERE

This time last year we lamented the reckless proceedings in the last sitting day of the Australian Parliament as the ALP allowed the Government to force through the widely opposed encryption-breaking legislation without even discussing the amendments they and others in the Senate had put forward as essential  to reduce the excesses in the bill.

There was, however, one stunningly positive parliamentary act, brilliantly initiated by determined independents with the support of the ALP: the passage, against extreme warnings as to disastrous consequences by the Government, of the Medevac law.  A rare, compassionate intervention to remediate aspects of our shameful, ongoing off-shore incarceration of asylum seekers. 

This year we witnessed the shameful and gratuitous repeal of this legislation.

It had worked well. It had not led to an influx of asylum seekers. The Government had no motivation other than assertion of its power. The Government’s utter determination to repeal this one compassionate asylum seeker law reeks of vindictiveness.

Like many others, NSWCCL scrambled to make a submission to the Commonwealth Attorney-General’s Department on the Religious Discrimination Exposure Draft Bill 2019 in early October.  The Department says it received around 6000 submissions – of which it has to date only published c100.

The Government had wanted to have the Bill brought before this sitting of Parliament. But following very soon after a joint letter from most church leaders indicating their strong opposition to the Bill, the Attorney General has now indicated the Government will release an amended version of the Bill before the end of the year but postpone Parliamentary consideration of the issue until next year.

Media Coverage: ABC Radio The World Today

Are ‘secret trials’ happening in Australia more than we think?

Listen HERE.

NSWCCL has endorsed the Human Rights for NSW Alliance's submission to the Australian Human Rights Commission's national conversation on human rights in Australia - Free and Equal. The submission makes a number of recommendations and builds the case for a Human Rights Act in NSW. 

NSWCCL is a founding member of Human Rights for NSW Alliance. Human Rights for NSW is an alliance of community, legal, rights-based and civil society organisations campaigning to ensure that the human rights of NSW citizens are expressed and guaranteed by law so we are all treated fairly, and with dignity, equality and respect.

This submission is endorsed by 33 member organisations, including Australian Lawyers for Human Rights, Human Rights Law Centre, Community Legal Centres NSW, Public Interest Advocacy Centre, Aboriginal Legal Service NSW/ACT and the NSW Bar Association. 

Everyone in NSW deserves to be treated fairly and equally. NSWCCL supports the campaign for a Human Rights Act for NSW.

View submission

A NSW Parliamentary Committee has recommended the Legislative Council should proceed to consider the Transport Amendment (Mobile Phone Detection) Bill 2019, including any amendments in relation to the reverse onus of proof, the use of artificial intelligence and privacy.

NSWCCL agrees strongly that mobile phone use whilst driving is a serious issue which needs to be addressed to protect the safety of the community.

We do not, however, support this Bill on the basis that it unjustifiably reverses the onus of proof and fails to provide adequate protections to assure the public that the information captured by the cameras is used for the sole purpose of prosecuting mobile phone offences.

NSWCCL also has concerns about the inherent risks of using AI to identify criminal behaviour given the lack of transparency as to the underpinning algorithms driving the assessment.

We welcome the Committee’s recognition of these concerns in their report and single recommendation.

The Bill should be amended significantly to address these problems before the Legislative Council approves it.                                                   

Media coverage: The Guardian

Legislation that reverses onus of proof described as ‘a dangerous precedent’

NSW courts could be flooded with tens of thousands of cases every year if the NSW government moves ahead with plans to roll out cameras that use artificial intelligence to detect drivers using their mobile phones, a parliamentary committee has warned.

The NSW Council of Civil Liberties’ Stephen Blanks said there was no need to reverse the onus of proof if the quality of the photographs was high enough to rule out confusion about what was in a driver’s hand.

Read more HERE.

Media Coverage: 7 News

NSWCCL Treasurer, Stephen Blanks, spoke to 7NEWS Sydney in relation to the NSW Government's announcement to introduce a scheme for mandatory disease testing for people who expose frontline workers to bodily fluid. The proposed scheme would test for blood borne viruses including HIV, hepatitis B and hepatitis C. "Reasonable suspicion of a police officer doesn't really provide an evidence-based, medical reason for the action."

The 56th Annual General Meeting of the New South Wales Council for Civil Liberties (NSWCCL) was held at the Sydney Town Hall Council Chamber, George Street Sydney on Wednesday 23rd October.

Press Freedom and Whistleblowers

Policy motion considered at the NSWCCL 2019 Annual General Meeting, 23rd October 2019

NSWCCL has for many years defended the rights of a free and uncensored press to ensure the public is sufficiently informed and able to hold those in power to account.

We support the statements of Ita Buttrose at our 2019 annual dinner that there are storm clouds gathering around the ways that information is controlled. Whistleblowers who bring stories 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.

We believe that whistleblowers are not adequately protected in Australia. Particularly in the absence of a bill or charter of rights, specific protection should be enacted.

Religious Discrimination Bill 2019

Policy motion considered at the NSWCCL 2019 Annual General Meeting, 23rd October 2019

NSWCCL cannot support the Religious Discrimination Bill (the Bill) as currently drafted. It has too many negative aspects which will undermine current anti-discrimination protections and it fails to address pressing issues. NSWCCL strongly opposes the privileging of religious freedoms over other rights.

Media coverage: Sydney Morning Herald

The state's former top prosecutor has urged the Berejiklian government to decriminalise the use and possession of illicit drugs in NSW as the "first step" towards full legalisation, as the Premier maintains her opposition to overhauling drug policy to allow a pill testing trial.

Nicholas Cowdery, QC, who was Director of Public Prosecutions in NSW for 16 years, said "any coherent government drug and alcohol policy must be based on health and social foundations, not on the criminal law".

"It is the only practical and principled way to proceed, [and is] also in accordance with human rights," he said.

Mr Cowdery, who is now president of the NSW Council for Civil Liberties, said "decriminalisation, in my view, is just a first step" and the state should eventually move to the "legalisation, regulation, control and taxation of all drugs".

Read more HERE.

Media Coverage: Sydney Morning Herald

Media coverage: Byron Bay Echo

One of the officers involved in the arrest of a teenager in the Byron CBD last year has been charged with common assault.

The extended delay in deciding whether or not to lay charges in relation to the incident has drawn widespread criticism of the NSW DPP, and the system more broadly.

The NSW Council for Civil Liberties described the delay as ‘unacceptable’.

Read more HERE.

View submission

Media coverage: The Guardian

Former Greens senator Scott Ludlam has had bail conditions – that banned him from associating with Extinction Rebellion climate change protests – dismissed by a judge following his arrest at a protest earlier this week. The strict conditions prevented Ludlam from appearing in court on Thursday, due to restrictions on coming to the Sydney CBD.

The New South Wales Council of Civil Liberties said the conditions were “absurd”, would affect thousands of people, and infringed on the constitutional right to freedom of political communication.

Read more HERE.