Following the joint submission to the Inquiry into the National Security Legislation Amendment Bill (No.1) 2014, Dr Lesley Lynch (NSWCCL Secretary) and Bill Rowlings (Civil Liberties Australia) gave testimony at the inquiry's public hearing on the 18th of August 2014. A supplementary submission was subsequently compiled offering more detailed comment regarding the discard of ministerial oversight of particular intelligence sharing between agencies

Read the supplementary submission

Read the first joint submission

NSWCCL has collaborated with other Australian civil liberties groups in making a submission to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014.

The CCLs accept that ASIO and other intelligence and security organisations must have the powers and resources necessary for the protection of national security including protection against the very real threat of terrorist activity in Australia- consistent with democratic values. However, where the proposed changes expand existing ASIO powers and/or weaken balancing safeguards and protections our endorsement is dependent upon persuasive evidence justifying such changes and clear demonstration that rights and liberties are not being unwarrantedly or disproportionately encroached upon

In our view, such persuasive evidence has not been provided to justify some of the new or enhanced security powers being proposed in this Bill.

Read the joint CCLs submission

Also read the supplementary submission

NSWCCL President Stephen Blanks and Australian Human Rights Commissioner Tim Wilson debate online privacy and 'the right to be forgotten' with Sky News' David Lipson.

Watch now: AGENDA The importance of online privacy. The content we linked to is no longer available

Source: Sky News 'Agenda', 9/8/14

The Bail Act 2013 was a product of two years’ work by the Law Reform Commission and a team of experts. The Report was tabled in 2012. The Government then carefully considered it and in 2013 passed a new Act which did not merely rubber-stamp the LRC Report. The Act was passed unanimously – no politician, from any party, in either House, voted against it.

There was then a delay while the criminal justice agencies absorbed the changes, trained staff, prepared processes and documentation and got ready for implementation. A great deal of administrative work was done by Police, DPP, Legal Aid, Bar Association, Law Society, Courts, etc.

The Act came into force on 20 May 2014, with much fanfare from the Attorney General. Soon after there were three high profile cases of bail being granted (Hawi, Fesus and Ibrahim). The tabloid media agitated. The DPP appealed the Ibrahim matter and his bail was refused – the system was working as it was intended to. A reading of the judgments in the other two cases would show that principles were properly applied and the decisions were uncontroversial.

On 27 June 2014, just over five weeks after the Act came into effect and before any meaningful data had accumulated (as acknowledged by Mr Hatzistergos), the Premier announced a review, supposedly because the Act was not protecting the community as much as had been intended.

The review was done in just over four weeks by one person. His Report was published today (5 August 2014), a Bill is ready (implementing all the reviewer’s recommendations) and it will go to Parliament next week.

The Government has acted with indecent and unwise haste. There has been no consultation with anyone about the recommendations or the substance of the Bill.

The Australian Government's latest package of enhanced security and counter-terrorist powers includes a disturbing proposal to reverse the onus of proof on Australians returning from regions of conflict, such that they would be required to prove that they have not been fighting in wars overseas.

This presumption of guilt contravenes the fundamental principles of criminal justice, NSWCCL's Stephen Blanks speaks to ABC News and highlights that security agencies already have "extraordinary powers" for detaining and interrogating citizens, the proposed changes are unnecessary and a step too far.

Video: ABC News 1/8/2014 (Story begins at 11:15) (link no longer available)

Source: ABC News 1/8/2014

In this issue:

• Message from the Secretary 
• Racial vilification legislation 
• Independent monitor of counter-terrorism laws abolished
• Senate election reform
• Telecommunications interception and access
• Police powers - safeguard weakened
• Mandatory minimum sentencing
• Independence of attorney general and police ministries
• Racial vilification report deferred
• Police consorting law reform
• Oversight of police critical incidents

Click here to view the newsletter online

NSWCCL President Stephen Blanks speaks to FBi Radio about Opal card privacy concerns , increased ASIO powers and the disturbing proposal to criminalise media reporting of intelligence operations.

Listen: Stephen Blanks: 'The surveillance state is one more step towards being complete'. The content we linked to is no longer available

Source: FBi Radio 'Backchat', 19/7/2014

Attorney-General George Brandis has delivered a press conference introducing the National Security Legislation Amendment Bill (No. 1) 2014, which seeks to expand the powers of Australian intelligence agencies. NSWCCL has compiled a list of comments in response to the matters addressed by the Attorney-General at the press conference.

Read the NSWCCL comments in response to AG press conference

View the press conference here

National Security Legislation Amendment Bill (No. 1) 2014

George Brandis's new spying laws will include measure to criminalise media reporting of Snowden-style leaks

Article: Journalists will face jail over spy leaks under new security laws

Source: The Guardian, 16/7/2014

It is disappointing to see the Commissioner of Police's comments in the Sydney Morning Herald this morning defending warrantless access to databases containing personal information.  The police are opportunistically taking advantage of the proliferation of electronic databases which do not have strong privacy policies to protect members of the community against inappropriate release of their personal information.  In the absence of strong data protection laws and personal privacy protection, the only protection the public can get is through privacy policies which require law enforcement agencies to obtain warrants from an independent judge or magistrate before personal information is released.

Read the article here

Public statement from The NSW Council for Civil Liberties, Liberty Victoria, The Queensland Council for Civil Liberties, The SA Council for Civil Liberties, Civil Liberties Australia

The federal government will seek to introduce legislation giving Australian intelligence agencies new powers and to create a new offence for when intelligence officers take material without appropriate authorisation.

Article: Australian intelligence agencies to be given new powers

Source: The Guardian, 15/7/2014

NSW Police Commissioner Andrew Scipione has defended police being given powers to access Opal card records as a crucial tool to ensure the "safety and security of the community".

Article: Police Commissioner defends access to Opal card records

Source: Sydney Morning Herald, 15/7/2014

Australia's spy agency could get its hands on the home address and travel history of NSW commuters using the state's Opal card, a civil liberty group warns.

Article: NSW Opal card raises privacy concerns

Source: News.com.au, 15/7/2014

The New South Wales public transport operator needs to change its privacy policy to stop travellers' personal details being given to police too freely, civil libertarians have warned.

Article: Opal card privacy rules need tightening to protect personal details: civil libertarians

Source: ABC News, 15/7/2014

Rapid growth in drone usage highlights urgent need for regulation, Secretary Lesley Lynch comments on behalf of NSWCCL

Article: Drones pose growing privacy risk: report

Source: Sydney Morning Herald, 15/07/2014

NSW and federal law enforcement agencies have been given the power to access the travel history and home addresses of hundreds of thousands of commuters using the new Opal card.

NSWCCL President Stephen Blanks comments

Article: No warrants needed to access opal card records

Source: Sydney Morning Herald, 15/07/2014

NSW and federal government agencies can access the travel history and home addresses of thousands of Opal card users without a warrant under new laws.

Article: Opal histories accessed without warrant

Source: Ninemsn, 15/7/2014

Civil Liberties Councils across Australia urge the Government- and failing that- the Australian
Parliament to ensure that the foreshadowed national security legislation is subject to proper scrutiny
and not rushed through parliament next week-as some media suggest is the Government’s intention.

The, as yet unseen, legislation will implement most of the 22 recommendations from chapter 4 of
the Parliamentary Joint Committee on Intelligence and Surveillance (PJCIS) report.

This is important legislation with significant implications for national security and for the workings of
our democracy. It is of fundamental importance that we get the balance right in this area.

Members of Parliament and the Australian public must have the time to consider and take advice
on these national security proposals before they are enacted into law.

Parliament must be certain the new laws are necessary, that they include strong protections for privacy and effective independent oversight of the use of these new powers by the intelligence agencies.

The Government should abide by the recommendations of the PJCIS and:

• release the proposals as an exposure draft bill for public consultation
• refer the draft legislation for review by an appropriate parliamentary committee (the CCLs consider the PJCIS most appropriate)

Read CCLS Public Statement 

Should ugliness be illegal? Do your neighbours have the right to keep an old aeroplane in their backyard, even if it assails your eyes?

Article: Aeroplane in backyard sparks rubbish row

Source: Sydney Morning Herald, 7/7/2014