The Early Drug Diversion Initiative (EDDI), introduced by the Minns government earlier this year, has largely been seen as a failure. Despite years of public advocacy for drug decriminalisation, the scheme has only managed to divert a small percentage of individuals caught with minor drug offences.

Under the initiative, NSW police officers were given the discretion to issue a $400 on-the-spot fine to those caught with small amounts of prohibited drugs, or to offer them an alternative — a one-hour phone counselling session with the Alcohol and Drug Information Service.

Concerns around privacy are increasingly important for parents as they navigate the challenges of raising children in a digital world. While ensuring their children's safety remains a top priority, both online and offline, the rise of technology has introduced new dilemmas, particularly regarding the use of tools that track a child's movements.

Though technology and social media have made parenting more difficult in many ways, they have also offered solutions, such as GPS trackers, which allow parents to monitor their children's whereabouts. This has sparked ongoing debate about privacy and whether such monitoring is an overreach into a child's personal autonomy.

The University of Sydney Law School has published an open letter expressing serious concerns about the new Campus Access Policy 2024, which was introduced earlier this year as a replacement for the Campus Access Rule 2009.

The letter, signed by 54 academics to date, is addressed to Chancellor David Thodey, Vice-Chancellor Mark Scott, and the Academic Board. It highlights deep reservations about the policy's introduction process, its substance, the broader message it conveys, and the limited timeframe for its review.

The University formally rescinded the previous Campus Access Rule in July and replaced it with the 2024 version, a move that has sparked protests from student activists and drawn considerable criticism from the NSW Council for Civil Liberties.

We again thank Councillor Yvonne Weldon for taking the time to attend our dinner to Welcome us on behalf of the Metropolitan Local Aboriginal Land Council. It was an honour to have Cl Weldon join us on Gadigal Country and share her time so generously with us.

We were thrilled to have the fabulous Wendy Harmer as our special guest at this year’s dinner. A long-time activist, comedian, journalist, and steadfast supporter of human rights and civil liberties, Wendy brought her trademark wit and wisdom to the evening. 

We also thank the Hon Dr Meredith Burgmann for hosting our dinner. Meredith is a long time member of the Council and a constant defender of human rights and civil liberties. We are deeply grateful for her presence and for her ongoing commitment to the causes we hold dear.

Legal experts are calling for sanctions against private prison operator Serco after the company punished nearly 200 inmates at Clarence correctional centre in New South Wales in an “unreasonable and oppressive” manner. The incident followed the assault of a guard by a single inmate on 21 September 2023. Serco responded by locking down 175 prisoners in one section of the jail for five days, despite most having no involvement in the incident.

The NSW ombudsman deemed Serco's actions unlawful and disproportionate.

In addition to the lockdown, Serco charged 34 inmates with offences related to the assault, although the ombudsman found insufficient evidence to justify these charges. Three inmates were placed in segregation for allegedly inciting a riot, despite CCTV footage showing no such activity. Additionally, 33 inmates were placed on restrictive "behaviour management contracts," confining them to their cells for up to 22 hours a day for as long as eight weeks. The ombudsman noted that Serco failed to provide adequate support for one inmate with a cognitive impairment during its investigations.

Abishek Selvakumar only discovered he couldn’t attend university when he reached Year 12.

While his peers discussed potential courses and future offers, Selvakumar learned that his the Coalition government's 'fast-track' process had meant he and his mother have been on temporary visas for over a decade, barring him from higher education.

Selvakumar, who dreams of studying construction management, had said he feels excluded, "I honestly gave up on my exams because I didn’t see the point. I was really looking forward to it. I was excited about that and getting to learn the subject I was passionate about, but I couldn’t do it.".

This situation affects many others in Australia, where children of refugees on bridging visas either face exorbitant international student fees or are prohibited from studying altogether.

The NSW Council for Civil Liberties (NSWCCL) has written to the City of Sydney to express our concern over the reported removal of election materials authorised by the "We Vote for Palestine" group across the City of Sydney in the lead-up to the local government election scheduled for 14 September 2024.

It has come to our attention that City of Sydney staff and contractors have been actively removing posters and election materials associated with the “We Vote for Palestine” campaign. The materials in question have been confirmed as appropriately authorised under NSW electoral laws, with the organisers having obtained confirmation from the NSW Electoral Commission regarding the lawful authorisation of their materials.

In December 2018, 34 judges, alongside three former Chief Justices of the High Court publicly supported the notion that anti-corruption commissions should have the power to hold public hearings. This support was expressed in an open letter to then Prime Minister Scott Morrison.

However, when the National Anti-Corruption Commission (NACC) Bill was introduced by Attorney-General Mark Dreyfus QC in June 2022, the Opposition proposed a significant amendment. They sought to restrict public hearings to only "exceptional circumstances," echoing a provision from Victoria’s IBAC legislation, which had been widely criticised by former IBAC commissioners for hampering the fight against corruption.

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.  

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.