NSWCCL News

NSWCCL vehemently opposes excising Australia from the Migration Zone

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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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.

NSWCCL respectfully submits that:

  1. 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.
  2. 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.
  3. Merits review by way of expansion of the jurisdiction of the Administrative Appeals Tribunal is strongly preferable to the Independent Reviewer scheme.
  4. The Special Advocate model as proposed in this Bill requires expansion in order to facilitate procedural fairness.
  5. 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.
  6. 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.

Click here for the submission

Click here for the media release regarding this submission

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State government misses historic opportunity to repeal 'dangerous' bail laws

The NSW Council for Civil Liberties today labelled the State Government response to the Law Reform Commission report on bail a “major disappointment”.

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Annual John Marsden Memorial Lecture 2012

The times they are a-changing: where to for the criminal law in NSW? Nicholas Cowdery - AM QC BA LLB FAAL spoke at the John Marsden Memorial Lecture.

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2012 Annual Dinner

Over 350 people gathered in the CBD Sky Phoenix Restaurant on Friday 19 October 2012 to support the NSWCCL Annual Dinner.

Professor George Williams AO tonight launched a national campaign led by the NSW Council for Civil Liberties to wind back the excessive and disproportionate powers given to ASIO in the decade since 9/11. "The greatest assault on civil liberties in Australia since World War II."

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Submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding data retention and certificates of immunity for ASIO officers and their contacts - October 2012

NSWCCL has made a submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding data retention and certificates of immunity for ASIO officers and their contacts

In this submission, NSWCCL addresses the following points:

  1. Opposing blanket data retention of all Australian's telecommunications metadata
  2. Response to police submissions concerning possible seeking of additional powers
  3. Opposing the proposal that ASIO officers be granted certificates of immunity from civil and criminal liability

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Submission to the Independent National Security Legislation Monitor (INSLM) - October 2012

The NSWCCL thanks the Independent National Security Legislation Monitor (INSLM) for the invitation to make this submission.

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Submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding data retention and certificates of immunity for ASIO officers and their contacts - October 2012

In this submission, NSWCCL addresses the following points:

  1. Opposing blanket data retention of all Australian's telecommunications metadata
  2. Response to police submissions concerning possible seeking of additional powers
  3. Opposing the proposal that ASIO officers be granted certificates of immunity from civil and criminal liability

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Free speech and the politics of hate

Over 350 people gathered in the CBD Sky Phoenix Restaurant on Friday 19 October 2012 to support the NSWCCL Annual Dinner. David Marr, delivered the keynote address on Free Speech and the Politics of Hate.

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Submission to the Independent National Security Legislation Monitor - October 2012

NSWCCL has made a Submission to the Independent National Security Legislation Monitor

Questions addressed include:

  1. Is the last resort requirement for a questioning warrant under the ASIO Act too demanding?
  2. Are the time limits (e.g. 7 days detention for 24 hours questioning) applicable to questioning warrants too long, too short or about right?
  3. Are the time limits for questioning warrants where interpreters have been used commensurate with the limits applying otherwise?
  4. Are there sufficient safeguards including judicial review in relation to the surrender or cancellation of passports, in connexion with questi oning warrants?
  5. Is the abrogation of privilege against self-incrimination under a questioning warrant sufficiently balanced by the use immunity?
  6. Do the conditions permitting use of lethal force in enforcing a warrant sufficiently clearly require reasonable apprehension of danger to life or limb?
  7. Are the three several conditions for issuing a questioning and detention warrant stringent enough?
  8. Should anything be done about doubtful aspects of the constitutional validity of control orders and preventative detention orders under the Criminal Code?

View the submission here

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