Extinction Rebellion protesters bail conditions 'designed for bikie gangs'
Media coverage: Sydney Morning Herald
President of the NSW Civil Liberties Council Pauline Write said the bail conditions that the protesters were asked to sign were more commonly imposed on bikie gangs and those on terrorism charges.
"They're disproportionate to the gravity of the offences with which these people were charged, which would carry a small fine if not a section 10 dismissal," Ms Wright said.
She said it would also be difficult to identify other members of the large protest group in order to not associate with them.
"These people are also required to go into Downing Centre Court, which is in the Sydney CBD, so they'll have to breach the bail conditions to come to court or obey them by not going to court and face having a warrant issued for their arrest," Ms Wright said.
Read more HERE.
Bail conditions imposed on Sydney climate change activists a step too far
'Absurd' bail conditions prevent Extinction Rebellion protesters 'going near' other members
Civil liberties groups say bail conditions imposed on Sydney climate change activists are usually reserved for bikie gang members
Climate change protesters arrested for obstructing traffic have been given “absurd” bail conditions that ban them from “going near” or contacting members of 'Extinction Rebellion', which civil liberties groups say infringes on freedom of political communication. Some of those arrested were given a “wild” set of bail conditions that banned them from coming within 2km of the Sydney CBD or associating with Extinction Rebellion events.
“[You are] not to go near, or contact or try to go near or contact (except through a legal representative) any members of the group ‘Extinction Rebellion’,” the conditions say. “[You are] not to enter the Sydney City CBD or not go within 2km radius of the Sydney Town Hall.”
The president of the NSW Council for Civil Liberties, Pauline Wright, labelled the conditions “patently unreasonable”, “absurd” and likely unlawful under the constitution. She said the ban was so broad and unclear it would affect thousands of people.
“Where there is a legitimate political issue such as seeking action on climate change, protesters shouldn’t be seen to be forfeiting their democratic rights including freedom of association, freedom of movement and the implied right to freedom of political expression.”
- NSWCCL President, Pauline Wright.
Read the full article in The Guardian.
Climate protesters slapped with 'absurd' bail conditions
Media Coverage: ABC Triple J - HACK
Dr Holly Champion, a young full-time piano teacher living in Sydney, had never been in trouble with the law.
But after she and other Extinction Rebellion (XR) protesters were arrested on Monday, she was slapped with the kind of bail conditions normally reserved for bikie gangs.
The conditions include staying out of the Sydney CBD and not contacting or "going near" other members of Extinction Rebellion — a loosely defined organisation that has no central membership list, induction ceremony, uniform, ID card or secret handshake.
Simply by attending court they'll be breaching their bail conditions, according to NSW Council for Civil Liberties president Pauline Wright.
"To prevent them from going into the Sydney CBD is a very harsh condition," she said."It will likely affect people's ability to go to work to go to university to go about their lawful business in the city."
She said this condition on its own was too onerous, but the condition of not associating with other members of XR was "absurd".
Read more HERE. (Link no longer available)
Submission: Right to Farm Bill 2019
CCL is concerned by what would appear to be a ‘crackdown’ against free speech and basic principles of democratic governance.
The proposed legislation is draconian and disproportionate and might be said to infringe at least two of the four core principles of criminal law –
- that the criminal law should only be used to censure people who have committed substantial wrongdoing, and
- that laws be enforced with respect for proportionality.
This bill appears to be designed to discourage lawful demonstrations and protest contrary to the implied constitutional right to peaceful protest and its constitutionality is for that reason questionable.
NSW Council for Civil Liberties (CCL) joins with a number of other civil society organisations including unions, environment groups and civil liberties advocates in making the additional submission (set out in Annexure A).
Civil Source October 2019
In this issue -
- Decriminalisation of Abortion in NSW
- 2019 Annual Dinner
- Inaugural Awards for Excellence in Civil Liberties Journalism
- Action on Climate
- NSWCCL Annual General Meeting
- In the media
Read/Download the October Issue (PDF) HERE
Read moreNSWCCL speaks out as Upper House examines Right to Farm Bill
Media coverage: Yahoo News The content we linked to has been removed
A bill which could see NSW farm trespassers face the toughest penalties in the country is set for an upper house probe, with civil organisations fearful the draft laws will hinder the right to peaceful protest.
NSW Council of Civil Liberties President Pauline Wright said criminal laws should only be directed against those guilty of "substantial wrongdoing". Wright labelled the bill's trespass penalties overly harsh.
"This bill is designed to have a chilling effect on people's right to peaceful protest," Ms Wright said in a statement.
Historic Abortion Reform Bill passed by NSW Parliament
On Thursday 26th September the NSW Parliament at long last acted to remove abortion from the criminal law and regulate it as a women’s health issue with the passage of the Reproductive Health Care Reform Bill 2019 - (now called the Abortion Reform Law 2019). This is a big and very overdue historical moment for women.
Women in NSW can now legally access terminations up to 22 weeks into their pregnancy in consultation with their doctor. After 22 weeks they can access a termination in consultation with two medical practitioners.
Achieving this in NSW has required a very, very long campaign by numerous organisations and individuals with ups and many downs since the 1960s. This most recent and successful campaign push over several years was sustained by a broad and powerful alliance of organisations encompassing women’s, legal, health, civil liberties and human rights issues. Some of these -such as WEL and NSWCCL - were long term players for abortion reform of 50 years plus.
This campaign knew it had strong, majority support in the community. The challenge was to persuade enough members of the Parliament to act on the will of the people and in the interest of NSW women. This crucial and politically fraught task was led by an expanding cross-party group of parliamentarians. The Independent member for Sydney Alex Greenwich sponsored the Bill. He was initially supported by MLCs Penny Sharp (ALP) and Trevor Khan (National Party) and Jo Haylen (ALP) and the Health Minister Brad Hazzard. This cross-party support grew to 15 co-sponsors - which we suspect is the largest cross-party group supporting a private members bill in the history of the NSW Parliament.
Read moreFarm trespass bill criticised as protest crackdown
Media coverage: The Guardian
New law will punish unlawful entry on ‘enclosed lands’ with up to three years in jail and fines of $22,000.
Pauline Wright, the president of the NSW Civil Liberties Council, said the new law was unnecessary and the wording too broad.
Wright said that existing laws against trespass already dealt with the issue adequately. The government had earlier increased the penalty from $550 to $5,500 in 2016.
“I can’t see the purpose of these new laws,” she said. “The existing laws already criminalise the behaviour that is targeted by this. It seems to just be grandstanding on the part of the politicians.
“We of course don’t like the notion of anyone entering on private land and acting unlawfully, and that shouldn’t be condoned. And it’s not. The law already adequately deals with that. Imposing tougher penalties won’t do anything. All the research indicates this does not act as a deterrent.”
Read more HERE.
NSW farm trespass bill a crackdown on the right to protest
A New South Wales farm trespass bill has been criticised by civil liberties organisations, environment groups and unions for turning into “a crackdown on people’s rights to protest”.
The Right to Farm Bill 2019, currently before the NSW parliament, can punish unlawful entry and disruption on “inclosed lands” with up to three years in jail, and increases the fine from $5,500 to $22,000.
Pauline Wright, the president of the NSW Civil Liberties Council, said the new law was unnecessary and the wording too broad.
“These laws, although they are expressed to be talking about people coming onto farmlands and disturbing farmers going about their business, in fact they apply to any lands that are by definition enclosed … It is a crackdown on people’s rights to protest.”
Wright said that existing laws against trespass already dealt with the issue adequately. The government had earlier increased the penalty from $550 to $5,500 in 2016.
“I can’t see the purpose of these new laws,” she said. “The existing laws already criminalise the behaviour that is targeted by this. It seems to just be grandstanding on the part of the politicians.
“We of course don’t like the notion of anyone entering on private land and acting unlawfully, and that shouldn’t be condoned. And it’s not. The law already adequately deals with that. Imposing tougher penalties won’t do anything. All the research indicates this does not act as a deterrent.”
Read The Guardian article - NSW farm trespass bill criticised for turning into a crackdown on the right to protest
New police device a welcome alternative
The US-designed BolaWrap 100 restraint is being considered as a painless alternative in some situations to the Taser stun gun. The restraint has been demonstrated to police in NSW, Victoria, Queensland, Western Australia, and Tasmania as well as to officers from the Australian Federal Police.
The NSW Council for Civil Liberties has told nine.com.au the device was a welcome alternative to being shot by a police gun or a Taser.
"The BolaWrap 100 is certainly a welcome alternative to the service revolver and the Taser. It is clearly preferable to Tasers in the sense that it does not inflict continuous pain on the apprehended person," Eugene Schofield-Georgesen, NSWCCL's vice-president, said.
But he stressed the device should only be used "as a tool of last resort" in accordance with police guidelines.
"However, it is a weapon and all weapons contain the potential for harmful misuse and abuse when provided to civil authorities."
Read the nine.com.au article:
Spider-Man type restraint could be adopted by Australian police as pain-free alternative to Taser
NSWCCL writes to MLCs re Reproductive Healthcare Reform Bill 2019
NSW Council for Civil Liberties has today written to select MLCs to urge them to resist the threats from those who oppose the Reproductive Healthcare Reform Bill 2019, and to be guided by their conscience.
17 September 2019
Re: Reproductive Healthcare Reform Bill 2019
Reports of the high level of aggression and threats currently raging around the conscience vote for the Reproductive Health Care Reform Bill 2019 are deeply disturbing.
Conscience votes within our Parliaments have a very special place in that they allow our representatives the rare opportunity to act on their conscience, free of Party constraints. It has been observed, with some justification, that they bring out the best in our politicians. Sadly this has not been the case for this Bill.
Read moreReview: 2019 NSWCCL Annual Dinner
Thank you to those who joined us and supported this year's NSWCCL Annual Dinner. The room was filled with hundreds of guests; civil libertarians, rights defenders and guardians of democracy.
We were delighted to be joined by Ita Buttrose AO OBE who delivered this year's keynote address.
Inaugural Awards for Civil Liberties Journalism 2019
(Photo L to R, Kate Allman, Richard Ackland, Paul Farrell and 2019 NSWCCL President Pauline Wright)
The 2019 NSWCCL Annual Dinner (held on September 10th) was marked by the presentation of the Council’s Inaugural Awards for Excellence in Civil Liberties Journalism. Two awards were presented for an article or series of articles, or a radio, television or podcast presentation, promoting civil liberties. One award was for young journalists under the age of 30, and the other an Open award. Criteria for the awards included both the excellence of individual items and, particularly in this inaugural year, the significance of a sustained body of work. The judging panel was drawn from Journalism, Academia, and the Law.
Read moreFarewell to the Hon. Jane Hamilton Mathews AO
Vale the Hon. Jane Hamilton Mathews AO (1940 - 2019)
It is with sadness that we add our farewell to the chorus of voices paying tribute to the Hon. Jane Hamilton Mathews AO, former barrister, judge, life member of the Bar Association, and CCL member, who passed away last Saturday night after an illness.
Jane made an impact on many during her career. Although well-known for her achievements in law, Jane will also be remembered as a music lover, a mentor, a woman of tremendous wit, and someone devoted to meaningful causes.
Read moreSubmission: Migration Amendment (Repairing Medical Transfers) Bill 2019
The New South Wales Council for Civil Liberties (NSWCCL) thanks the Legal and Constitutional Affairs Legislation Committee for its invitation to make a submission concerning the Migration Amendment (Repairing Medical Transfers) Bill 2019.
Recommendation: All three proposals under the Bill should be condemned, and the Bill itself should not be passed.
Government acts on religious discrimination
Media Statement: 30 August 2019
The Federal Government yesterday released an Exposure Draft of the Religious Discrimination Bill 2019 (and two subsidiary Bills) which would make it unlawful to discriminate against people on the basis of their religious beliefs or activities in areas of public life. The NSWCCL welcomes it being released as an exposure draft to allow community consideration and input before the Bill is finalised.
Read moreSubmission: Inquiry into the Reproductive Health Care Reform Bill 2019
The NSW Council for Civil Liberties welcomes the opportunity to make a submission to the NSW Parliament Standing Committee on Social Issues inquiry into the Reproductive Health Care Reform Bill 2019.
The passage of the Reproductive Health Care Reform Bill 2019 through the NSW Legislative Assembly with a vote of 59 to 31 is a long awaited, historic moment for NSW women and the NSW Parliament. We are hopeful this will be followed by the its passage through the Legislative Council without amendment leading to the removal of abortion from the criminal law in NSW.
NSWCCL President at the Magnitsky Thought Leadership Forum
Recently NSWCCL President Pauline Wright, joined a thought leadership forum presented by the Law Society of NSW - A Magnitsky Act for Australia – Human rights bombshell or Frankenstein’s monster?
Read moreSubmission: Regional Processing Cohort Bill 2019 - August 2019
The Bill proposes to ban permanently from Australia any person who entered Australia as an unauthorised maritime arrival after 19 July 2013, was transferred to the Republic of Nauru (Nauru) or Papua New Guinea (PNG) for “regional processing”, and was at least 18 years of age at the time of their first (or only) transfer (the Cohort). Such people were forcibly transferred to Nauru or PNG against their will, detained indefinitely, and subjected to serious human rights violations after their transfer.
Recommendation: The Bill should be rejected.
Submission: Criminal Code Amendment (Agricultural Protection) Bill 2019
The Bill responds to a series of political protests that occurred around Australia in April 2019 in which activists sought to draw attention to the legitimate political issue of animal cruelty and the slaughter of animals for human consumption. The protests involved a series of conventional street rallies and less conventional ‘sits-ins’ that saw animal rights activists trespass upon and briefly occupy private property used for the slaughter of animals.
The NSWCCL is proud that Australia has, recently, become an international leader in protecting freedom of speech and expression. To remain at the forefront of these issues, the Commonwealth should not proceed with these reactionary laws.
