The New South Wales Council for Civil Liberties (NSWCCL) wholeheartedly supports the establishment of a Truth and Justice Commission to address injustices suffered by First Nations Peoples in Australia. The proposed Bill, currently before a Parliamentary Inquiry, represents a crucial step towards implementing the Uluru Statement from the Heart—a document NSWCCL endorses in full.

The Truth and Justice Commission, as outlined in the Bill, will have investigative powers to examine historic and ongoing injustices experienced by First Nations Peoples. Its primary aim is to provide recommendations to Parliament based on truth-telling about Australia's colonial history, paving the way for national reconciliation.  

Refugee children who have successfully completed their Higher Secondary Certificate (HSC) and those who are currently preparing to sit their exams are facing insurmountable barriers in accessing higher education. These students, many of whom have no memory of living anywhere other than Australia, are being denied the opportunity to attend university on equal terms with their peers. Instead, those allowed to enrol are often categorised as foreign students, subject to exorbitant fees and additional restrictions.

This heartbreaking situation stems from the fact that these young people, despite calling Australia home for much of their lives, continue to live without permanent visas. For over 12 years—some even longer—they have been trapped in a bureaucratic limbo that strips them of basic liberties and opportunities.

Families impacted by the injustices of the devastating ‘fast track’ process or as part of the so-called ‘legacy caseload’ have children who simply want to attend university just like their peers. This temporary status affects every part of their lives, including their ability to get work or study, their access to services, and their ability to recover from their trauma.

The right to adequate housing as a fundamental human right is recognised under Australia’s international human rights obligations. All Australians should have access to adequate housing in fulfilment of their human rights. The human right to housing is also pivotal in ensuring the realisation of many other human rights.

NSWCCL supports the aims of the Bill which enshrines a human rights-based approach to housing in legislation. In Australia, the lack of a meaningful and well-informed national housing plan has undoubtedly contributed to the current housing crisis, placing millions of people under significant social and economic pressure. Home ownership affordability, an increasingly competitive rental market and stagnant public housing availability and poor housing accessibility for people living with disability are all by-products of this crisis.

“The younger a child is when they come into contact with the criminal justice system, the more likely it is they will have further contact with the system across their lifetimes.”

Evidence has proven time and time again that policing, arresting and imprisoning young children not only harms the child but also fails to keep communities safe in the long term. Encountering the criminal justice system at such a young, vulnerable age can increase the likelihood of reoffending. This is especially concerning as children who exhibit criminal behaviour often have a variety of needs that are failing to be met.

A recent NSW Bureau of Crime Statistics and Research (BOCSAR) report found that the children sent to court were overwhelmingly from disadvantaged backgrounds with more than half being a victim of a violent offence and about a third having accessed a specialist homelessness service. Moreover, a quarter of the children were found not guilty and just over half had all charges withdrawn. Cycling these vulnerable children through courts and police cells undoubtedly causes further trauma and mistrust of the justice system, rendering it counterproductive in preventing future criminal behaviour.

The age a child can be arrested, charged and jailed in Australia is back in the spotlight.

Last year, the Northern Territory became the first jurisdiction to raise the age of criminal responsibility from ten to 12. Now its new, tough-on-crime government has pledged to return it to ten. It comes after Victoria walked back its earlier commitment to raise the age to 14, settling instead on 12.

But the United Nations Committee on the Rights of the Child says 14 should be the absolute minimum. It raised this age from its earlier recommendation (in 2007) of 12, citing a decade of new research into child and adolescent development.

So what does the science say? What happens to the brain between ten and 14? And how much can those under 14 understand the consequences of their actions?

Read the article here. Authors Susan M. Sawyer & Nandi Vijayakumar.

NSWCCL is seeking a passionate and self motivated Executive Officer to provide operational leadership and enhance our advocacy capabilities. The Executive Officer plays a crucial role in mobilising our members, leading campaigns, and ensuring the effective day-to-day operations of the organisation.

Guided by a management committee and supported by volunteers, the role is responsible for developing and implementing communication strategies, including engaging with and managing the media, organising and managing events and fundraising appeals to grow our membership and support from the wider community.

I am humbled to accept the inaugural NSW Council for Civil Liberties President's Award.

It’s an honour to be acknowledged for my battle to uphold journalism without fear or favour, it’s been a very difficult year given the bullying and silencing of journalists in Australia.

I dedicate this award to the journalists who have been murdered doing their jobs. Journalism is not a crime. Systematically killing journalists is.

Gaza is the deadliest place to be a journalist. The past 10 months have been the deadliest period to be a journalist. This award is for the Palestinian journalists who no longer have breath, let alone a voice.

Internet shutdowns are typically associated with controlling information flow in certain areas, and are a global concern, not just limited to third-world countries.

Misuse of internet kill switches is not new; it has been happening for decades. China, the UK, and Russia have all enacted laws or taken actions to shut down the internet during times of unrest or perceived threats, often raising concerns about censorship and abuse of power. Internet shutdowns have become more frequent in recent years, with recent examples like the five-day shutdown in Dhaka, Bangladesh, due to political turmoil. The increasing prevalence of these shutdowns worldwide is alarming.

Internet shutdowns are on the rise, with 2023 seeing 283 shutdowns globally, 167 excluding India. Most occurred in the Middle East, India, Myanmar, Iran, and Palestine, primarily due to conflicts, protests, and political reasons. In Africa, 60% were linked to protests, while 76.6% in the Asia Pacific coincided with public violence. Eastern Europe saw 13 shutdowns, mainly due to Russian military actions.

The CFMEU is set to be placed into administration for at least three years after the federal parliament passed laws allowing the appointment of an administrator and the imposition of life bans on corrupt officials. 

This move follows allegations of criminal conduct and ties to organised crime within the union. 

The union criticised the law, arguing it strips members of fair process and may challenge it in court. 

Some might argue that calling for corporations to face the same scrutiny as the CFMEU is mere “whataboutism,” defending alleged union corruption. This topic arises follows claims of corruption and intimidation, as reported by Nine journalists. The union has been placed under administration for three years, and many officials have been dismissed due to legislation passed with Coalition support, though legal challenges may follow.

Some argue that this situation highlights a double standard. For example, why didn't the government threaten similar action against PwC when it was revealed that they leaked confidential tax information for profit?

RMIT Professor Anthony Forsyth acknowledges this double standard in the treatment of corporations versus unions but insists that the legislation was necessary due to the CFMEU's likely resistance to a court-appointed administrator. Meanwhile, Lydia Shelly from the NSW Council for Civil Liberties criticises the inconsistency in addressing corporate wrongdoing. 

The Australian Greens have criticised the Labor and Liberal parties for collaborating to quickly pass legislation targeting the CFMEU (Construction, Forestry, Maritime, Mining, and Energy Union).

They argue that this move undermines the rule of law and threatens civil liberties. The Greens claim that the rushed legislation could allow Michaelia Cash to appoint a new administrator of the CFMEU, that person potentially being Tony Abbott, if there is a change of government.

The NSW Council for Civil Liberties has serious concerns with the Federal Government’s Fair Work (Registered Organisations) Amendment (Administration) Bill 2024 and the Government’s accompanying amendments. While any allegation of criminality is serious and must be addressed, the powers set out in this bill are far-reaching and establish a dangerous precedent for the trade union movement, membership-based organisations, and the rights of individuals to natural justice and procedural fairness.

Back in March, the Premier and Finance Committee launched a NSW parliamentary inquiry to examine the state’s cannabis laws, focusing mainly on whether to decriminalise the popular but still illegal plant. On the first day of the hearings, August 1st 2024, Premier Chris Minns made it clear in a press conference that he went into the election promising not to change the law on decriminalisation, and he’s not planning to break that promise now.

On that same day, top legal experts, including the state’s longest-serving Director of Public Prosecutions, Nicholas Cowdery KC, and Australian Lawyers Alliance spokesperson Greg Barns SC, spoke up in support of the inquiry.

Public opinion in NSW has shifted so much that in the 2023 election, for the first time ever, a Legalise Cannabis NSW representative, Jeremy Buckingham, was elected to the state upper house, and now he’s chairing the inquiry.

The growing list of Alcohol Free Zones (AFZs) in Sydney has been a creeping imposition on the freedom of the community to use public space without any evidence that it achieves other positive public policy objectives.

Most parks around the CBD, Kings Cross and Redfern have been designated AFZs, as well as Martin Place, sections of The Rocks and Circular Quay. AFZs cover much of Darlinghurst, Surry Hills, Redfern, Waterloo, parts of Glebe and Newtown, main city roads, and roads around the casino. The City of Sydney has an extensive and effective Street Safety Camera program in which most public places are already monitored.

The NSW Council of Civil Liberties and Scarlet Alliance, Australian Sex Workers Association submits that the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 fails to enhance the civil rights of the Australian public. Generative AI is an increasingly fast moving and adaptive technology. Any response to address the harm that can be caused through the abuse of this technology must be built on a holistic government approach, and not simply through increased criminal measures. Even where new criminal measures are enacted these must add to, and not cut across or confuse, the existing protection and legislative frameworks which already exist at federal, state and territory levels.

Alex Greenwich MP’s equality bills that would reduce faith-based discrimination in schools, remove the current requirement for a person to have a surgical procedure to update the sex on their birth certificate, and give courts the power to issue a parentage order for children born out of commercial surrogacy outside of NSW has been delayed yet again.

This morning the Legislative Assembly passed a Bill extension motion moved by Sydney MP Alex Greenwich to prevent this important legislation from lapsing. We understand that the Bills will now not be considered until October. We call on the Premier to explain this unreasonable delay which in practice means that these important reforms are still not in place to recognise and protect the LGBTIQA+ community.

Nicholas Cowdery, a former NSW Director of Public Prosecutions, told an NSW parliamentary inquiry on August 1 that action was needed now to decriminalise cannabis use.

Cowdery, a former president of the NSW Council for Civil Liberties (NSWCCL) said it had long believed that criminal law is “ill-suited to deal with drug use in the community”.

Every year in NSW more than 700,000 people “from all walks of life” use cannabis, Cowdery said.

“There is consistent evidence that decriminalisation doesn’t encourage cannabis use or increase cannabis taking in the community,” he said, adding that decriminalisation “may have the opposite effect” as more people access advice, support and treatment if they need it.

People with problematic drug use needed a health and social support response rather than a criminal justice one, he added.

Today former President of the NSW Council for Civil Liberties and former NSW Director of Public Prosecutions, Nicholas Cowdery AO KC, appeared before the inquiry into the impact of the regulatory frameworks for cannabis in NSW.

The NSW Council for Civil Liberties has long called for decriminalisation coupled with regulation of cannabis across Australia. We believe that the criminal law is ill-suited to deal with drug use in the community.

NSW Council for Civil Liberties has expressed strong opposition to the new Campus Access Policy, with President Lydia Shelly calling for its "immediate reversal." In a statement, Shelly described the policy as "an affront to the democratic principles universities should be fostering – not banning."

The policy mandates that all demonstrations must notify the university at least 72 hours in advance. It outlines "unacceptable activities," including protests without prior notice, and categorizes certain actions, such as using megaphones and amplifiers or hanging banners from University buildings, as "activities that require approval."

Violations of these restrictions may lead to protesters being removed from campus, having property confiscated, or being detained by campus security and handed over to NSW Police.

Listen to Nicholas Cowdery, former NSW Director of Public Prosecutions and long time Committee member of NSWCCL on ABC's RN Drive: Most of us trust the police, but courts not so much.

Check it out!