NSWCCL News

Submission on Human Tissue Amendment (Trafficking in Human Organs) Bill - March 2013

NSWCCL has made a submission to Greens MPs in relation to their invitation to comment on the draft Human Tissue Amendment (Trafficking in Human Organs) Bill and the accompanying discussion paper.

"We have considered the clauses carefully. We cannot support the proposed legislation.

...CCL holds therefore that legislation which is to operate extra-jurisdictionally outside Australia should be confined to matters where the United Nations has mandated such extrajurisdictional operation in an international treaty."

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Submission to the review of the Summary Offences Act 1988 (police move-on powers) - February 2013

NSWCCL has made a submission to the NSW Ombudsman concerning their review of the Summary Offences Act 1988 Section 9: Continuation of intoxicated and disorderly behaviour following a move on direction.

The submission expresses concerns regarding the loose definition of 'disorderly' conduct, and the subsequent high degree of discretion granted to police in determining whether behaviour is disorderly.

"In the view of the NSW CCL, behaviour can only be considered 'disorderly' if it disrupts the order of the environment for other people at the time the behaviour takes place or some in the future - behaviour can only be considered 'disorderly' in respect of its impact on other people. It makes no sense for behaviour to be considered disorderly if there is no disorder created for one or more other persons."

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Submission to the review of the Summary Offences Act 1988 (police move-on powers) - February 2013

The submission expresses concerns regarding the loose definition of 'disorderly' conduct, and the subsequent high degree of discretion granted to police in determining whether behaviour is disorderly.

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Submission on the use of cannabis for medical purposes - February 2013

NSWCCL has made a submission to the NSW Legislative Council General Purpose Standing Committee no. 4's inquiry into the use of cannabis for medical purposes.

"The NSW Council for Civil Liberties considers that drug use should be addressed as a health issue, not a legal issue.

The use of cannabis for medical purposes should be decriminalised to allow its use if medically qualified people consider that it has health benefits.

The Committee should recommend that a trial of medical cannabis be commenced as soon as practicable."

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Submission to the NSW Legislative Council General Purpose Standing Committee no. 4 Inquiry into the use of cannabis for medical purposes - February 2013

"The NSW Council for Civil Liberties considers that drug use should be addressed as a health issue, not a legal issue... The use of cannabis for medical purposes should be decriminalised to allow its use if medically qualified people consider that it has health benefits... The Committee should recommend that a trial of medical cannabis be commenced as soon as practicable."

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Submission to the inquiry into the Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012 - December 2012

NSWCCL has made a submission to the inquiry into the Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012

NSWCCL supports Australia’s continuing commitment to international human rights instruments, and regards the consolidation of legislation within this Bill as an attempt to meet such obligations.

NSWCCL notes that the operation of the legislation will allow exceptions within areas such as social security, migration and marriage policy. Discrimination in these areas is as arbitrary as anywhere else. NSWCCL opposes these exceptions.

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Submission to the inquiry into the Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012 - December 2012

NSWCCL supports Australia’s continuing commitment to international human rights instruments, and regards the consolidation of legislation within this Bill as an attempt to meet such obligations. NSWCCL notes that the operation of the legislation will allow exceptions within areas such as social security, migration and marriage policy. Discrimination in these areas is as arbitrary as anywhere else. NSWCCL opposes these exceptions.

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Submission in relation to the Inquiry into the Migration and Security Legislation Amendment (Review of Security Assessments) Bill 2012 - December 2012

NSWCCL has made a submission in relation to the Inquiry into the Migration and Security Legislation
Amendment (Review of Security Assessments) Bill 2012.

NSWCCL respectfully submits that:

  • The Bill should clearly provide that detention of citizens and non-citizens alike should not be permissible solely on the basis of being issued an adverse security assessment.
  • A statement of reasons for an adverse security assessment is rendered ineffective without an acceptable avenue for appeal and an explicit minimum degree of content.
  • Merits review by way of expansion of the jurisdiction of the Administrative Appeals Tribunal is strongly preferable to the Independent Reviewer scheme.
  • The Special Advocate model as proposed in this Bill requires expansion in order to facilitate procedural fairness.
  • NSWCCL supports the provisions in the Bill for regular review of assessments on a prescribed basis, in order to ensure Australia complies with international human rights obligations.
  • A notable decrease in ASIO’s disclosure reflects a lack of transparency and accountability, both of which are required from an organisation acting in the interest of national security. The Bill should mandate a minimum level of ASIO reporting.

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Submission in relation to the Inquiry into the Migration and Security Legislation Amendment (Review of Security Assessments) Bill 2012 - December 2012

The Migration and Security Legislation Amendment (Review of Security Assessments) Bill 2012 addresses numerous voids in the current system in operation with regard to refugees classed as representing an adverse security risk. Most importantly, it is submitted that the Bill should clearly provide that detention of citizens and non-citizens alike should not be permissible solely on the basis of being issued an adverse security assessment.

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Submission in relation to the Inquiry into the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 - December 2012

The New South Wales Council for Civil Liberties has lodged with the Senate Legal and Constitutional Affairs Committee a submission vehemently opposing the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill.

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