The NSW Council for Civil Liberties opposes in the strongest terms the newly announced “Campus Access Policy 2024”.  We proudly stand beside students and staff at Sydney University in the fight to protect their right to protest.

We are astounded that Sydney University would join with state governments and large corporations in Australia who seek to encroach on the right of public assembly and to shut down free speech. The University, which can boast a proud history of facilitating free speech and protest on campus should not be part of problem.

In response to the rise of a deadly drug and a string of overdoses, the Victorian Government announced on Monday, June 24, that they will conduct a pill testing trial for 18 months with plans to make the service permanent. Calls are now mounting for NSW Premier Chris Minns to step up and do the same. 

Nitazene is a potent substance 500 times stronger than heroin, according to NSW Health, and is continuously found in illegal drugs across the state. 

Yet despite rising pressure on the premier to follow the example of other states and implement pill testing, there was no funding in last week’s budget for the long-awaited Drug Summit.

Pill testing is a harm reduction strategy that allows a person to find out what the pill contains, preventing people from using “unusually strong or contaminated drugs”.  

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The advent of social media has had wide-ranging ramifications for Australian society. NSWCCL is particularly concerned about the corrosive effects that some social media content can have on the civil liberties that the Australian people deserve. Troublingly, this is a phenomenon which – due to its rapid development – is currently outpacing regulators. 

The default principle is that all Australians should have access to a wide array of information and ideas without restrictions unless there is good reason to limit this access. Not only is this principle an essential aspect of freedom of expression, it is also at the heart of Australia’s democratic ideal, in which people have access to the information and ideas that inform their vote. 

Australia is a party to the International Covenant on Economic, Social and Cultural Rightswhich provides that adequate housing is a human right. If climate change makes insurance for housing unaffordable or unavailable for more people, the fulfilment of this right is made even more difficult in the context of a housing system already in crisis.

Our governments, at all levels, need to act. The climate emergency is accelerating with breathtaking speed. The frightening frequency of climate-related disasters further validate the concerns of NSWCCL as we continue to advocate for more ambitious climate action.

The NSW Police Force is still the primary investigator of complaints against itself and its own critical incidents. The lack of independent oversight has sparked serious concerns for the integrity of these investigations. 

In 2016, the Baird government passed the Law Enforcement Conduct Commission Act 2016 (NSW). The Act established the Law Enforcement Conduct Commission (LECC) as a body combining “the then various avenues of independent police oversight into the one watchdog.” The LECC is responsible for detecting, investigating and exposing “serious misconduct and serious maladministration in the NSW Police Force and the NSW Crime Commission.” 

However, the LECC often merely monitors the police as they investigate their own critical incidents – that is, incidents that involve officers causing “death or serious harm.” 

In response to the rise of a deadly drug and a string of overdoses, the Victorian Government announced on Monday that they will conduct an 18-month pill testing trial with plans to make the service permanent.

Calls are now mounting for NSW Premier Chris Minns to follow suit.

Despite increasing pressure on the premier to implement pill testing, last week's budget included no funding for the long-awaited Drug Summit.

Pill testing is a harm reduction strategy that allows individuals to identify the contents of a pill, preventing the use of unusually strong or contaminated drugs.

The right to protest comes from the implied freedom of political communication found in the Australian Constitution. It means while Australians may not explicitly have a right to protest, governments are expressly forbidden from introducing any laws which might impede a person's right to express themselves or protest. Despite this, the NSW government (alongside state governments in other jurisdictions) has introduced some of the most draconian anti-protest legislation in Australia which is accompanied by a stigmatising narrative of fear and security risk against protestors.

The NSWCCL submits that in New South Wales, section 144G of the Roads Act 1993 (NSW) (‘Roads Act’) and section 214A of the Crimes Act 1900 (NSW) (‘Crimes Act’) significantly infringe people’s rights to freedom of movement, freedom of speech, freedom of assembly and freedom of political communication, and ought to be repealed. These restrictive and repressive laws create an environment where stigmatising narratives flourish in sections of politics, media and law enforcement in Australia. There's a prevalent narrative enabled by these laws emphasising security threats and perceptions of disruption associated with public protests.

Julian Assange should never have been charged with espionage by the US. The release of the WikiLeaks founder from custody in the UK is good news, and it is especially welcome to his family and supporters. He is due to plead guilty to a single charge of conspiring to obtain and disclose classified US national defence documents at a hearing early on Wednesday, but is not expected to face further jail time. The court in Saipan, a remote Pacific island which is a US territory, is expected to approve the deal, crediting him for the five years he has already spent on remand in prison.

His opportunity to live with his young family comes thanks to Australian diplomacy under the prime minister, Anthony Albanese, who had made clear his desire for a resolution, and the Biden administration’s keenness to get a controversial case off its plate, particularly in an election year. Seventeen of the charges have been dropped. The one that remains, however, is cause for serious alarm. It was the Trump administration that brought this case. But while the Biden administration has dropped 17 of the 18 charges, it insisted on a charge under the 1917 Espionage Act, rather than the one first brought against him of conspiracy to commit computer intrusion.

NSW Council for Civil Liberties joins the chorus of voices to pay our great respect to the Honourable Paul Stein AM KC who passed away on Saturday, 22 June 2024. 

Paul Stein was a longstanding and active contributor to NSWCCL over many decades. His contribution was enormous and will be sadly missed. As an environmental law expert, Mr Stein was a passionate environmentalist who held governments, corporations and lobbyists to account.

Civil liberties advocates are calling for stronger protections after Australian Taxation Office (ATO) whistleblower Richard Boyle lost his appeal to secure immunity from prosecution. 

The former debt collector accused the ATO of aggressively pursuing debts from small businesses, which he said was destroying lives and causing unnecessary trauma in order to meet revenue goals.

Boyle is accused of 24 offences, including using a mobile phone to take pictures of taxpayers’ information and secretly recording conversations with colleagues. He had sought to rely on the Public Interest Disclosure Act, the whistleblowing law for public servants, to shield him from a criminal trial.

The matter will likely now go back to the South Australian District Court, where Boyle is expected to face trial in September. If convicted, he could face up to 46 years in prison.

This week Chris Minns has broken his promise to the people of New South Wales. He has abandoned his commitment to the drug law reform agenda he spruiked pre-election.

In Tuesday's budget, there was no funding for the long-promised Drug Summit. There was no funding to support the harm reduction strategies our communities so desperately need.

It has now been 25 years since the last Drug Summit occurred, and each day without action puts our communities further at risk of harm.

Former Australian Taxation Office debt collector Richard Boyle has lost his appeal against a finding that he was not immune from prosecution under existing whistleblower protections.

Boyle had sought to rely on the Public Interest Disclosure Act, the whistleblowing law for public servants, to shield him from a criminal trial. He applied for a declaration from the South Australian District Court that he was immune from prosecution.

The PID laws shield a person who makes a “public interest disclosure from any civil, criminal or administrative liability (including disciplinary action)” for making the disclosure.

The matter will likely now go back to the District Court where Mr Boyle is expected to face trial in September. 

If convicted, Mr Boyle could face up to 46 years in prison.

Such a move would support the peace efforts, not undermine them, as some have argued. By Fatima Payman, Labor Senator for Western Australia. 

Over the last eight months, we have witnessed the mass killing and displacement of Palestinians and the devastation and destruction of Gaza carried out by Israel under the guise of “self-defence”. As the Israeli government continues to disregard its obligations under international humanitarian law to protect civilians and cease genocidal acts, it is imperative for influential nations to take a definitive stance.

Australia, with its global standing and democratic values, is in a strong position to facilitate peace. An important step in this direction is recognising a Palestinian state. It is also a moral and ethical imperative.

In May, The UK High Court ruled in favour of challenges to amendments to the Public Order Act of 1986 (POA Act) which would’ve enabled increased police intervention in protests. In doing so, the Court protected the crucial civil right to peaceful assembly, representing “a significant win for protest rights campaigners in England.” 

The POA Act is a UK law that regulates public order offences and allows the police to intervene in a public assembly if there is a “serious disruption to the life of the community.” 

The first amendments to the Act in 2022 granted the Secretary of State the power to amend the definition of “serious disruption,” colloquially regarded as the “Henry VIII power.” This meant that amendments would be “subject to less scrutiny than Bills and cannot be amended by either House of Parliament.” 

Then, two new public order offences were introduced: “locking on” and “tunnelling.” These new offences would bring on police action if they were regarded as “more than minor.” The definition of this phrase is “legally uncertain.” It facilitates greater police discretion and lowers the threshold for police intervention in protests. 

“Punitive approaches simply don’t work,” says Lydia Shelly, President of the NSW Council for Civil Liberties.

In March, the Minns government introduced harsh new bail laws. The Bail and Crimes Amendment Bill 2024 makes it more difficult for juveniles, between 14-18 years old, to get bail. But tougher bail laws are a “tried and failed” method of reducing crime.

The NSWCCL accused the Minns government of taking a reactive policy approach once again and ignoring consistent evidence that increasing incarceration of young people has damaging consequences. As Shelly commented, “When children this young are forced through a criminal legal process, their health, well-being and future are put at risk.”

Legal experts have cautioned that proposed laws expanding police powers in New South Wales to randomly "wand" or "scan" individuals for knives without a warrant may be prone to abuse due to the ambiguous language of the legislation.

Jordyn Beazley reported on June 4, 2024, that the NSW legislation, scheduled for debate this week, was developed following stabbings in Bondi Junction, Wakeley, and Coffs Harbour. Despite a 20-year decline in knife crime according to the NSW Bureau of Crime Statistics and Research, the proposed laws aim to address public safety concerns.

The legislation mirrors Queensland's Jack's Law, implemented after a two-year trial on the Gold Coast following the 2019 death of 17-year-old Jack Beasley. However, Sam Lee, a senior solicitor at Redfern Legal Centre, argued that the NSW legislation lacks the explicit legal safeguards present in Queensland's law, potentially leading to misuse of power by police.

We think these terrible laws should be repealed. The right to protest is a fundamental democratic right that allows us to express our views, shape our societies, and press for social change. In NSW, and nationally across Australia, it is under attack.

In April 2022, the NSW Parliament passed legislation to prevent “illegal protesting” on major roads, bridges, tunnels, public transport, and infrastructure facilities. The legislation amends section 144G the Roads Act 1993 which criminalises causing serious disruption by entering, remaining on or trespassing on prescribed major bridges and tunnels, to now include all “main roads”. Offences carry a maximum penalty of $22,000 or two years in gaol, or both.

The New South Wales Legislative Assembly Committee on community safety in regional and rural communities is focused on investigating drivers of youth crime in regional and rural NSW and how community safety can be improved.

Rather than empowering the Government to criminalise more conduct, increase sentences, and more permissively incarcerate people, we urge the Committee to look to solutions which focus on the causes of crime, harm minimisation and creating connected and inclusive communities where children can thrive.

The New South Wales Legislative Assembly Committee on community safety in regional and rural communities is focused on investigating drivers of youth crime in regional and rural NSW and how community safety can be improved.

Rather than empowering the Government to criminalise more conduct, increase sentences, and more permissively incarcerate people, we urge the Committee to look to solutions which focus on the causes of crime, harm minimisation and creating connected and inclusive communities where children can thrive.

Measures taken need to be proportionate to the need for concern. We should not pander to the public “law and order” demands by some politicians and sections of the media through tougher laws and policies which have historically had adverse consequences. The focus should be on addressing underlying issues that lead to harm.

Cannabis is criminalised in New South Wales (NSW) with use, possession, cultivation and supply being the key offences. Cannabis has long been the most widely used illicit drug in Australia. In 2022–2023, 11.5% of people in Australia had used cannabis in the previous 12 months, around 2.5 million people. In comparison, the next most common illicit drugs (cocaine and ecstasy) were used by around 3% of Australians.