NSW Police Commissioner Andrew Scipione has taken the Keep Sydney Open group to the Supreme Court over their plans for a protest in Kings Cross.

Keep Sydney Open organiser Tyson Koh says he was told about the Friday court hearing on Thursday evening and scrambled to find “a silk, two barristers and two solicitors” by the next day. Police argued Keep Sydney Open hadn’t properly planned for the event and pointed to a lack of security, traffic planning and mass evacuation and crowd dispersal plans. But Koh’s lawyers argued police had never asked for these things during the permit application process.

Judge Geoff Lindsay considered both perspectives but ultimately sided with the police, in making a prohibition order to stop the protest going ahead.

The president of the NSW Council for Civil Liberties Stephen Blanks says while protesting is generally legal, there are some conditions.

“The law is that you should give the police seven days notice of an intention to hold a public assembly or protest,” he told Hack.

“If you have given the seven days notice you cannot be prosecuted for causing obstruction. You’ve got that immunity unless the commissioner of police applies to the Supreme Court in order to prohibit the assembly,” said Blanks.

And once it’s in court, it can go either way.

"There have been occasions where protests have been planned around important international events and the court has been reluctant to allow protesters that would potentially interfere with those kinds of events.”

Stephen Blanks says there “isn’t any exact criteria” for the court to apply.

“On this occasion the court has succumbed to police pressure and the public safety line. We’ve seen that a few times in the last couple of years."

“Unfortunately (you) have no legal protection under the Summary Offences act for causing obstruction. So yes people can turn up and protest but they have to do it in a way that doesn’t cause obstruction to anyone else,” said Blanks.

“There’s no law about holding a sign. So it would be an interesting test if people do go to the area where the protest was to be held and do want to deliver a message."

In a statement, a spokesperson for the NSW Police Force said they were committed to working with all protest groups but they were not just concerned about safety - they were also taking into account any possible impacts on businesses and residents.

Article: Anti-lockout rally shut down: do you have the right to protest?

Source: ABC (Triple J-Hack)

In a video posted to social media, a NSW police officer is seen using pepper spray while another knees a man to the ribcage during an arrest in Mount Druitt.

Police had been called to the scene, after a 17-year-old girl allegedly threatened to kill a shop assistant after slamming a trolley through a glass door. The man in the video was eventually arrested and charged with obstructing police.

Former police officer, NSW Police Minister and now state MLC Mike Gallacher said the footage highlights the dangers officers put themselves in but according to civil libertarians, there was no need for officers to strike or knee the man they were trying to arrest.

“That does look like gratuitous violence by the police by someone who they were able to overpower and arrest,” NSW Council for Civil Liberties spokesperson Stephen Blanks said.

See Article, with Video: Shocking video shows police officer knee man in ribcage during violent western Sydney arrest

Source: Channel 7 News

As one of the most racially and ethnically diverse nations in the world an effective statutory protection against race hatred is an essential safeguard for national harmony. NSWCCL believes the main issue with s18C centres on the lack of clarity of its terms. NSWCCL recommends only those amendments necessary to bring the section in line with its interpretation in case law and/or Australia’s international human rights obligations

View submission

Jim Marsden welcomes the audience and gave powerful personal insight into his brother John's life

On 1 December 2016 the NSWCCL and the Marsden family hosted the 2016 John Marsden Memorial Lecture. John Marsden was a former President of the NSWCCL, former President of the NSW Law Society and activist for LGBTIQ rights and civil liberties. The event was held at the Masonic Centre in Sydney. It was a particularly successful and well-attended event, with over 120 people. Jim Marsden welcomed the audience and gave a powerful personal insight into his brother John's life, which was so tragically damaged by society's then deeply hostile attitude to homosexuals. Read more here.

Pauline Wright, Vice President of the NSWCCL and President elect of the New South Wales Law Society, spoke briefly of her experience as a young lawyer working for John Marsden, before introducing The Hon Michael Kirby AC CMG (an honorary life member of NSWCCL.)

Michael Kirby began with some thoughts on his friend John Marsden, including that John had chosen to be more “in your face” about his sexuality than others at the time. 

Kirby's speech (SEE FULL SPEECH HERE) reminded us of the contribution of John Marsden to the education of LGBTIQ students, noting that attendees at the lecture included recipients of scholarships that he established at the University of Western Sydney.

He mentioned prior John Marsden memorial lectures, by Anand Grover, Professor Jenni Millbank and then DPP Nick Cowdery (now an active member of the NSWCCL Committee). He thanked Nick Cowdery for his presence at this lecture.

Michael’s topic was John Marsden, LGBTIQ Rights today: the Ongoing Challenge for Equality. He delivered a clear and illuminating update on LGBTIQ rights issues from an international perspective, organized around a summary of the good news, the bad news and breaking news.

The good news concerns the greater acceptance of LGBTIQ rights and the important legislative improvements that have occurred in many countries in recent years. He noted that in the last 16 years, a very short time relatively speaking, many countries have enacted laws for marriage equality.

Sadly in Australia, out of step with other advanced democracies around the world, we do not yet have marriage equality. Michael Kirby’s reaffirmed his well-known opposition to the plebiscite and listed many other important legislative changes that have not required a plebiscite. Neither should marriage equality. Michael considered that with the blocking of the plebiscite, marriage equality in Australia is certainly a few more years away.

In his summary of the bad news he drew particular attention to the disturbing fact that in many countries around the world, including many Commonwealth countries, violence against LGBTIQ people is endemic.

As breaking news news, Michael reported on a recent important Human Rights Council resolution establishing the appointment of an expert to investigate violence and discrimination based on sexual orientation and gender identity.

It was not an uncontested outcome. African nations in early November forced a vote on whether the appointment of the expert should be delayed. Thankfully that resolution was blocked. However, the vote in favour of the appointment of the expert was close. Several countries abstained or failed to vote. If they had voted, it is entirely possible the vote may have gone the other way.

This is a sobering situation, given that this issue is not about marriage equality or other rights, but violence against LGBTIQ people - a fundamental right that people should not fear violence just because of their sexual orientation.

The audience response to Michael's speech made it clear that they appreciated his informative summary of the state of LGBTIQ rights around the world.

Louise Marsden (one of Johns sisters) gave a vote of thanks to Michael Kirby. In passing she noted their Catholic father's injunction that she and her siblings should not only love well, but love whoever they choose.

The evening finished in a convivial atmosphere, sharing drinks and canapés with old and new friends. It was a fitting reminder of the trail blazing work of John Marsden.

We would like to express our sincere thanks to the Marsden family for supporting the evening.

Therese Cochrane

Secretary 

Links:

Jim Marsden Speech

Michael Kirby Speech

Law enforcement agencies are dramatically increasing their use of Opal card public transport data to track the movements of people in New South Wales, with approvals for data more than doubling this year.

Internal documents also reveal that police can be handed the information of “collateral cardholders”, or people who are not suspects, when their person of interest’s identity is unknown.

The details of collateral cardholders may be handed over when police request details of all travellers who have used their card at a particular time and place. That may occur, for example, when police have seen a suspect on CCTV, but do not know who they are. 

The vice-president of the NSW Council for Civil Liberties, Pauline Wright, said the number of refusals showed that “inappropriate requests are surely being made”.

“Our view still is that requests for this kind of information should only be able to be made by warrant, rather than leaving it up to the discretion of Transport NSW,” she said. “Clearly there’s been a huge increase in two years in the number of requests, so one can only surmise that the circumstances in which those requests are being made are broadening.

“So as police realise how easy it is to get this, there’s a real potential that it’s being requested in completely inappropriate circumstances.”

Article: Steep rise in police requests for Opal data to track people on NSW public transport

Source: The Guardian

Stephen Blanks, President of the NSW Council for Civil Liberties discusses anti-protest legislation enacted by the NSW Government, its impact on community opposition to WestConnex and the way the legislation is used by business, government and the police.

"The right to protest guards against the dynamism of politics and society. Freedom to express your opinion in spite of pressure is an important aspect of the NSW democracy."

"We have also had longstanding concerns with the way in which this unit of police has been deployed specifically to suppress protest, and its a paramilitary force which is not a thing of balance between protesters and the community. They are designed to oppress protesters. Protesters should be looking TO police for protection, not the other way around. To turn the police into an anti-protest riot squad is a huge infringement of democracy"

Hear full interview below:

Audio: Stephen Blanks talks anti-protest laws w Colin Hesse

Source: SkidRow Radio 88

The NSW Ombudsman report on "Review of police use of the firearms prohibition order search powers" was released yesterday, leading some commentators to point out that the orders and redundant, unnecessary and improperly used. 

Stephen Blanks talked with Robbie Buck on ABC 702 morning radio to explain some of the issues raised by the report.

Audio: Breakfast with Robbie Buck (interview at 1:20:00)

Source: ABC 702 Radio

Transcript: See Here

A parliamentary committee has endorsed new laws allowing convicted terrorists to be kept in jail once their sentences expire, provided a court rules they pose a threat to society.The strengthening of Australia's counter-terrorism laws was recommended by Prime Minister Malcolm Turnbull earlier this year after high-profile terror attacks in Orlando, Nice and Paris.

On Friday, the Parliamentary Joint Committee on Intelligence and Security recommended the laws be introduced along with 23 amendments.

Civil liberties groups expressed concern about the proposed laws earlier this year claiming they were a distraction and window-dressing.

"People who have been convicted of serious terrorism offences are in jail for many years to come, we're not being told who is about to be released that they're concerned about," New South Wales Council of Civil Liberties president Stephen Blanks said.

Article: Parliamentary committee backs call to keep terrorists in jail after sentences expire

Source: ABC News

*PJCIS REPORT can be viewed online here* (Link no longer available)

1. NSWCCL advocates for a juvenile justice system that:

• Prioritises the child’s best interests, including that it provides education equivalent to their rights within the community
• Caters for children’s specific needs, particularly in relation to age, physical and mental wellbeing and cultural background;
• Aims towards rehabilitation and social integration, not punishment, with detention only used as an absolute last resort in exceptional circumstances and for the shortest appropriate period of time;
• Upholds children’s rights, including the right to liberty, security, freedom from arbitrary detention, and to a fair trial;
• Ensures accessible and well-funded legal and social support services for children;
• Treats children with respect and dignity;
• Protects children from torture and other cruel, inhuman or degrading treatment;
• Preserves a child’s relationship with family and community; and
• Together with other social and educational institutions, undertakes proactive, preventative measures to divert young people from the criminal justice system and prevent re-offending.

2. In light of Australia’s human rights obligations under the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and associated United Nations juvenile justice guidelines, NSWCCL calls for:

• The minimum age of children’s criminal responsibility to be raised from 10 to 12 years old across all Australian states and territories;
• The maximum age of criminal responsibility for young people to be raised to 18 years old;
• The abolition of mandatory sentencing for children and young people;
• The reduction of rates of young people in detention pre-trial on remand;
• Clearer and more consistent prohibitions on punishment for children in detention across all states and territories;
• The separation of young people younger than 18 years from adults in detention facilities, accompanied by the removal of Australia’s reservations to Articles 10(2)(b) and (3) of the International Covenant on Civil and Political Rights, and Article 37(c) of the Convention on the Rights of the Child; and
• Ratification of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Third Optional Protocol to the Convention on the Rights of the Child.

3. NSWCCL supports policies aimed at reducing the incarceration rates of young Aboriginal and Torres Strait Islander peoples. These policies should be developed in a way that is consistent with their rights under the UN Declaration on the Rights of Indigenous Peoples, including but not limited to the right to self-determination, autonomy and freedom from discrimination.

AGM, October 2016.

Resolution

NSWCCL supports amending the law on marriage so that no discrimination is made between prospective spouses on the basis of their sex; in particular, so that same sex couples can be married, and that those who have same sex marriages they have entered into overseas are recognised as married in Australia.

The arguments supporting this policy position are set out in the following submissions listed below:

2013
NSW Legislative Council’s Standing Committee on Social Issues Inquiry into Same Sex Marriage Law in NSW
2012
Senate Legal and Constitutional Committee concerning the Marriage Equality Amendment Bill 2010
2009
Senate Legal and Constitutional Committee concerning the Marriage Equality Amendment Bill 2009

Concerns over human rights standards in Australian juvenile justice centres were brought to national attention with Four Corners’ recent expose on Don Dale Detention Centre in the Northern Territory. However, these revelations were not unprecedented. After a two-year inquiry, Australian Law Reform Commission’s 1997 Seen and Heard report presented a number of proposals for reform of juvenile justice processes and detention facilities.

15 years later, the UN Committee on the Rights of the Child (‘UNCRC’) noted that Australia’s juvenile justice system ‘still requires substantial reforms for it to conform to international standards.’^[1] In 2013, the Australian Human Rights Commission called for a review of the Australian Government’s reservations to the Convention on the Rights of the Child. It also recommended ratification of the Optional Protocol to the Convention Against Torture and better monitoring of juvenile justice legislation and policy.^[2] These were echoed in a report published by Amnesty International last year, especially to address the overrepresentation of Aboriginal children in detention.^[3]

It follows that, while only a small proportion of Australia’s youth population has contact with the criminal justice system,^[4] there remain serious, yet still unaddressed, concerns about protection of the rights of those who do. This report will evaluate juvenile justice legislation across Australian states and territories in relation to international human rights law. Those areas of law which do not comply with Australia’s human rights obligations include: the age of criminal responsibility for young people, mandatory sentencing, detention on remand, discipline, living conditions within detention centres and both national and international mechanisms for investigation of detention facilities. In doing so, the report will highlight how law reform and other practical initiatives may be necessary to better protect the civil liberties and human rights of children throughout all stages of the juvenile justice system; in particular, the right to protection from cruel, inhuman or degrading treatment, freedom from arbitrary detention and the right to a fair trial...

Recent polls show a large amount of Australians are in favour of increasing powers for government security agencies to defend against terrorism, but how much are we willing to sacrifice for this added 'protection'?

Interview with NSWCCL President Stephen Blanks, ANU researcher Dr. Jill Sheppard, and Counter Terrorism expert from Deakin University, Greg Barton.

Video Link: Should we sacrifice civil liberties to stay safe?

Source: Channel 7: Weekend Sunrise

The national spy agency, ASIO, wants the power to arrest and detain family members of terror suspects for up to seven days without a judicial warrant.

At the moment, a judge has to sign off on this type of arrest and detention and be present for questioning. ASIO says that, in future, the Attorney-General's go-ahead should be sufficient authority.

Stephen Blanks, president of NSWCCL, outlines the Council's views on this important issue with Peter Lloyd on ABC Radio National PM. See below for full transcript.

Audio/Transcript: ASIO wants power to detain family members of terror suspects without a judicial warrant

Source: ABC PM (Radio)

Political slogans scrawled on the side of ambulances have landed paramedics in court. The slogans criticise the Baird government's changes to death and disability insurance for paramedics.

Late on Tuesday afternoon, the Health Services union which represents ambulance officers was called before the NSW Industrial Relations Commission to explain the liquid chalk protest messages.

HSU Secretary Gerard Hayes appeared before the industrial commission to explain the "civil disobedience" and said that despite Health Minister Jillian Skinner saying she wants workers to speak out about problems in the health system, "yet when we make our voice heard, we have to explain it before the Industrial Relations Commission," Mr Hayes said.

He went on to say that he was "proud of the spirited, robust campaign being run by grass roots paramedics to make the public aware of the government's intention."

Many politicians and commentators including Green MP David Shoebridge and Stephen Blanks, president of the NSW Council of Civil Liberties, said: "It is not unreasonable to use chalk to mark property in a way that does not permanently damage the property in order to make a political communication.

"The freedom to make political communication is a constitutionally protected freedom."

Article: HSU called before NSW Industrial Relations Commission to defend chalk

Source: The Courier

The 2016 NSW CCL Annual Dinner on 26 August was a huge success! We had an excellent number of supporters attending.

Uncle Chicka Madden gave a fascinating Welcome to Country, speaking about his times growing up in Redfern. Stephen Blanks, President of NSW CCL, gave an interesting, but somewhat disconcerting, summary of the erosion of civil liberties we have seen over the past year. Pauline Wright, Vice President NSW CCL, was our warm and lively MC.

Bernard Collaery gave the keynote address: Is the right to truth central to the rule of law in a democracy? Bernard has a long and distinguished career in the human rights field. Over decades, he has been part of many of the human rights issues which have arisen in our region. He highlighted the work he has done representing Witness K, an ex ASIS officer who became a whistleblower regarding the alleged bugging of the Timor-Leste Cabinet in negotiations in 2004 concerning the Oil and Gas Treaty between Australia and Timor-Leste. He made the point that not all of Australia’s actions in dealing with our neighbor have actually been in Australia’s national interest.

As well as mentioning the derogations from the rule of law that are becoming more and more common, Bernard emphasized the importance to a democratic society of the role of whistleblowers. He finished with a call to action – that we should support whistleblowers and give them the assistance they require to face up to the excesses of unrestrained Executive power.

The dinner was an opportunity for CCL friends and supporters to catch up, and also a fundraiser for NSW CCL. We are grateful for the generosity of our auction and raffle donors, as well as those who contributed to the raffle and auction. We made a healthy amount of profit to support us in our activities over the next year.

Thank you to all who helped with organization, made donations and all who attended.

Media

See here for: Video of Speeches and Photos from the event

In a series on the changes to the Opal Card systems, NSWCCL Stephen Blanks about the privacy (or lack thereof) on the data gathering in the Opal system. 

Audio: Opal Week: Location Tracking with Stephen Blanks

Source: 2SER Breakfast Show

President of NSWCCL, Stephen Blanks, wrote an op-ed in the Sydney Morning Herald in defense of the NSWCCL position to oppose religion being added to the racial vilification criteria in upcoming laws. 

Noting the important distinction of 'ethno-religious' groups and 'religion', for example the difference in being a Muslim and a Jedi, Mr. Blanks argues in favour of balance, whereby "Some beliefs which are claimed to be religious, and their adherents, ought to be open to ridicule, even severe ridicule" in the defense of free speech. 

For the full article, see below.

Article: Jedi knights don't need protection from free speech

Source: The Sydney Morning Herald

The Baird government's refusal to legislate against anti-Muslim hate speech is "playing into the hands" of terrorist groups such as Islamic State, as well as extreme right-wing groups, Muslim community leaders and counter-terrorism experts have warned.

The NSW government is formulating a long-awaited overhaul of racial vilification laws, promising to strengthen the legislation and streamline it to make prosecutions easier. Fairfax Media understands the government will not consider including religion in the Act, which outlaws inciting violence based on race, colour, descent or ethno-religious origin.

NSW Attorney-General Gabrielle Upton would not say why religion would be omitted. However a spokeswoman pointed to the government's 2013 review of the Act, which made no recommendation to include religion.

In that review, the NSW Council for Civil Liberties was among those who opposed the inclusion of religion. The council's president Stephen Blanks told Fairfax Media that religion was "not an inherent characteristic of a person like race is ... and one should be free to criticise religion".

NSWCCL stands by this statement and continues to oppose the inclusion of religion in racial vilification laws.

Article: Anti-Muslim hate speech 'fuels extremism', experts say

Source: The Sydney Morning Herald

From the GetUp site:

Guardian Australia has released 2000 leaked documents detailing horrifying levels of abuse on Nauru. Once again, all eyes are on the government to see how they respond to this proof of large-scale abuse, including of children. 

These abuses should never have occured. Now, they must end. The government must bring those in its abusive detention camps to safety immediately. 

The entire policy is falling apart - the legal permissions, and the political and corporate support for the camps, are all disappearing. But the government is pretending everything is fine, and the camps are still open. Now the human cost is again laid bare.

Whether it's Nauru or Manus Island, it's clear the Australian Government's abusive detention regime is in a state of complete and utter chaos – and it's harming people.

The Australia Government has been treading water, avoiding facing the reality of its own policy's failure. Now, we must show them the way forward. 

#LetThemStay showed that more people than ever supported allowing people seeking asylum already in Australia to move into our communities. Now, we must prove definitively that our shared compassion extends to those on Manus Island and Nauru – and that the governrment must follow the public, and bring those in its abusive camps to safety in Australia.