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Concerns about facial recognition inside every Australian 7-Eleven store

Media coverage: 7News

As individual cities such as Boston and San Francisco in the United States are banning the use of facial recognition technology as part of the #BLM response, 7-Eleven in Australia has launched the technology across all of its 700 Australian stores.

The convenience store chain will use the facial recognition software within its ‘Rate It’ customer service tablet, and “not for any other purpose”.

“The use of facial recognition within the Rate It tablet is to ensure that the feedback is accurate and valid, and given customer feedback is so important to us we don’t want the system being ‘gamed’.

It’s an assurance that doesn’t sit well with Stephen Blanks from the NSW Council for Civil Liberties.

“This kind of information gathering should be against the law. It’s certainly against good privacy practice and principles.”

Blanks said collecting the data of people trying to provide feedback made little sense.

“They are creating an incentive not to use the feedback tablet – which is contrary to what they’re wanting to achieve.”

7NEWS.com.au understands that an element of the software’s facial recognition is to discourage 7-Eleven staff from self-rating during a shift.

“That’s not an adequate justification for gathering the information,” Blanks said.

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Joint statement: Australians' right to protest

In a joint statement seven legal and human rights groups have condemned the approach of many Australian governments to recent Black Lives Matter and refugee rights protests, stating it is inconsistent with our democratic rights and freedoms.

The legal right to protest is fundamental to our democracy. Protests hold governments to account and make our country better. While the powerful few are able to write cheques or call their friends in high places, protests are how the invisible or ignored can become seen and heard by government. Only after tireless, sustained protest did Aboriginal and Torres Strait Islander people win the right to vote, did LGBT+ people achieve marriage equality, and did unions secure the eight hour work day.

Right now, the right to protest is vital for minority groups and supporters who continue to rally against state violence and injustice. Historically, overturning injustice of this kind requires incredible public momentum and visibility, which can only be sustained through protest. Since colonisation, Aboriginal and Torres Strait Islander Peoples have fearlessly fought for an end to police violence, discriminatory laws and the structural racism that locks them out of justice. The pressure is building on governments here in Australia to finally act on what First Nations people have been calling on for decades: an end to Black deaths in custody and an end to police violence.

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NSWCCL President & 29 prominent Australians call for truth in political advertising laws

Media coverage: NineNews, Sydney Morning Herald

NSWCCL President and former NSW DDP, Nicholas Cowdery AO QC, joins 29 prominent Australians as signatories to an open letter coordinated by The Australia Institute, calling for truth in political advertising laws that are nationally consistent, constitutional and uphold freedom of speech.

New polling by The Australia Institute released in conjunction with the open letter shows nine in 10 Australians (89%) say Australia should pass truth in political advertising laws. 

Signatories to the open letter include former political party leaders and politicians, Dr John Hewson, Cheryl Kernot and Michael Beahan; former Supreme Court judges, The Hon Anthony Whealy QC, The Hon Paul Stein AM QC and The Hon David Harper AM QC, as well as barristers, community leaders, business people and other prominent Australians.

'Australians want advertising to be truthful and transparent. They expect the media to self-regulate, and want laws that would penalise misleading and deceptive political ads with fines, forced retractions or losing public funding. The lack of truth in political advertising regulation is leading to declining public trust in government, politicians and parliament.

Enough is enough: we need truth in political advertising before the next election.

Political advertisements that are deceptive and misleading interfere with the public’s ability to make informed decisions.

We need truth in political advertising laws that are nationally consistent, constitutional and uphold freedom of speech.'

Read more or see the letter as published in the SMH (17th June 2020)

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Refugee Week 2020

Refugee Week June 14 - June 20, is Australia’s peak annual activity to raise awareness about the issues affecting refugees and celebrate the positive contributions made by refugees to Australian society. Originally celebrated in 1986, Refugee Week coincides with World Refugee Day (20 June).

Refugee Week provides a platform where positive images of refugees can be promoted in order to create a culture of welcome throughout the country. The ultimate aim of the celebration is to create better understanding between different communities and to encourage successful integration enabling refugees to live in safety and to continue making a valuable contribution to Australia.

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Civil Liberties: Good or Bad?

Media coverage: Byron Bay Echo

- Hans Lovejoy, editor 

'With attention fixated on injustice, policing and black lives, the NSW Council for Civil Liberties (NSWCCL) is just one voice of sanity in a country awash with racism and bigotry.

Based in Sydney, they are a small group of lawyers committed to educating the public and advocating for the most vulnerable. NSWCCL said in statement regarding the marches, ‘There have been 432 Indigenous deaths in custody since the 1991 Royal Commission – including the recent death of Tanya Day, which the coroner found to be preventable – and its recommendations have never been fully implemented.

‘To our knowledge, no one has ever been convicted in relation to those deaths. Indigenous peoples are over-policed and over-incarcerated, with adults 15 times more likely to be incarcerated than non-Indigenous Australians and juveniles 26 times more likely to be incarcerated. The Australian Bureau of Statistics reported in December 2019 that while Aboriginal and Torres Strait Islander people make up around three per cent of the total Australian population, they account for 29 per cent of the total adult prisoner population in Australia’.'

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NSWCCL concerned about health and safety of persons in custody, COVID-19

The NSWCCL has written to the Commissioner of Corrective Services NSW, the NSW Health Minister and the CEO of Justice Health to express concerns in relation to the health and safety of persons in custody in NSW in light of the current COVID-19 pandemic.  

The Council notes that there have been no confirmed cases of COVID-19 within the inmate population and that 23 have been isolated for testing. We note that there was a confirmed case of a healthcare employee at the Long Bay prison hospital in March 2020. 

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NSWCCL President on the arrest of an Indigenous teen

Media Coverage: Sydney Morning Herald

A former judge and top prosecutor says video footage of an Indigenous teenager falling face-first after being kicked off his feet by a NSW police officer is on its face "evidence of an assault".

Former NSW director of public prosecutions Nicholas Cowdery, QC, president of the NSW Council for Civil Liberties, said the video raised questions about the lawfulness of the arrest because the risk the teenager would carry out his threat appeared "slight".

"Arrest is really only lawfully available to prevent further offending, to prevent flight or to ensure attendance at court," he said.

In Mr Cowdery's view, it was not reasonable to use a sweep kick when the teenager was "under restraint and standing calmly". He believed the officer should be "charged with assault and re-trained".

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Statement: Black Lives Matter Protests

NSWCCL affirms our heartfelt support for the Black Lives Matter movement and its goals in seeking to eradicate systemic racism from our societies. We encourage all our members and those sympathetic to the cause of human rights and civil liberties to likewise support the BLM movement in any way reasonably possible.

NSWCCL has always acknowledged the pervasiveness of institutional racism in Australian society, ever present even 232 years after the brutal colonisation of this continent on racist terms. We strongly support all attempts to remedy this history of injustice and end the systemic disadvantage faced by Aboriginal and Torres Strait Islander peoples. Foremost among the injustices committed against indigenous peoples are those perpetrated by the criminal justice system.

Discrimination and unreasonable violence at the hands of police is an ongoing concern, as the cases of David Dungay Jr and the incident in Surry Hills recently emphasised. There have been 434 indigenous deaths in custody since the 1991 Royal Commission – including the recent death of Tanya Day, which the coroner found to be preventable – and its recommendations have never been fully implemented. To our knowledge, no one has ever been convicted in relation to those deaths. Indigenous peoples are over-policed and over-incarcerated, with adults 15 times more likely to be incarcerated than non-indigenous Australians and juveniles 26 times more likely to be incarcerated. The Australian Bureau of Statistics reported in December 2019 that while Aboriginal and Torres Strait Islander people make up around 3 per cent of the total Australian population, they account for 29% of the total adult prisoner population in Australia. 

NSWCCL calls for the implementation of the 1991 Royal Commission recommendations and the recommendations in the Uluru Statement from the Heart as a start in the ongoing struggle to end these shameful outcomes.

In relation to the protests on June 6, 2020, NSWCCL supported the right of people to rally in accordance with the decision of the NSW Court of Appeal authorising the assembly. It seems the protests were orderly and respected the public health imperative while remaining truly powerful. Police and protestor seemed largely to demonstrate appropriate respect and restraint. However, the worrying incident at Central Station involving the pepper spraying on protestors may raise serious questions.

Community anger and distress over the last-minute moves by the government and the police to prohibit the protest rally would not be so strong had it not been for the unexplained inconsistency in official responses. For example, a recent protest in Sydney boasted of thousands of attendees in clear contravention of the Public Health Orders and the government and police reacted very differently. There was also widespread confusion over the inconsistency between the response of the South Australian Government and Police to protests in Adelaide, which was to exempt that protest from the effect of the COVID-19 regulations, and the response in NSW. 

We urge all parties to bring their attention to driving systemic changes to achieve much needed justice for Indigenous Australians and continue exercising the restraint called for in a liberal society governed by the rule of law.

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NSWCCL President on suspension order against Aboriginal man still in place after 11 years

Media coverage: Sydney Morning Herald

A NSW Supreme Court judge has condemned the treatment of a 35-year-old Indigenous man with a mild intellectual disability who has been subjected to a tough supervision order restricting his movements for more than a decade, saying he has not been a "truly free man" since his teens.

The five-year extended supervision order (ESO) made by the court in 2009 was "still current, 11 years later" because the clock stopped running every time he was imprisoned for even minor breaches of conditions.

Former NSW Director of Public Prosecutions Nicholas Cowdery, QC, who is now president of the NSW Council for Civil Liberties, said the legislation introducing ESOs and other orders "was radical and controversial at the time" and was based on "a risk of future offending of a serious kind" that was difficult to predict.

"It is a form of punishment for future conduct that may not occur. Nevertheless, Parliament has the power to legislate this way in order to protect the community, but within limits," he said.

Mr Cowdery said the laws provided "a powerful rod for the backs of disadvantaged or excessively targeted groups in the community, including Indigenous people, who may be subject to such orders".

"They become an easy tool for law enforcement to use to unreasonably seek to control such people."

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Policing COVID-19 and the need for community support

Media coverage: Canberra Times

As state governments ease restrictions to varying degrees, Mr Blanks said that similar principles needed to be applied to exiting self-isolation as going in.

"That is you need very, very careful, sensitive enforcement from the police," Mr Blanks said.

"The police have to perform their role in a way that does not undermine community support (of restrictions) because one thing which could lead to a very quick loss of community support is if the police are seen to be picking on people unfairly, imposing fines as a first line of response instead of a last line of response, and imposing fines in ways that are not really relevant to the community health control aspect."

 

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COVIDSafe Bill: Parliament must strengthen protections

The Australian Government has released the Privacy Amendment (Public Health Contact Information) Bill 2020 (COVIDSafe Bill) which will be considered by Parliament this week. The COVIDSafe Bill largely reproduces the biosecurity orders which made it possible to begin to download and operate the COVIDSafe App (App).

The NSW, Queensland and South Australian Councils for Civil Liberties, along with the Australian Council for Civil Liberties, support the introduction of effective digital contact tracing if it is underpinned by robust privacy and transparency legislation.

The joint statement has been sent to the Prime Minister, the Attorney General and Opposition Leader, along with all MPs and Senators. 

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NSWCCL raises new privacy concerns with COVIDSafe app

Media coverage: Sydney Morning Herald

The Councils for Civil Liberties in NSW, Queensland, South Australia and the Australian Council for Civil Liberties issued a joint statement that backed the case for digital contact tracing but called for stronger safeguards.

'"More needs to be done to ensure that the app does not compromise data protection and thereby increase the risk of illegal and inappropriate use of data or surveillance of Australians," they said.

"It is also disappointing that the government has opted for centralised data storage in a national COVIDSafe data store rather than adopting the widely supported and more privacy-friendly decentralised option.

"Cyber attacks and accidental and illegal data breaches will continue to occur on Australian government databases. This storage choice creates a real risk of such breaches and will undermine users' confidence as to the safety of their private data."'

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Landmark report finds police conduct of strip searches unlawful

Police officers who conducted strip searches of children hadn't been properly trained and didn't understand the law on what they were doing, a series of landmark watchdog reports has found.

The conduct of NSW Police officers in carrying out strip searches of teenagers at music festivals has been found to be unlawful in a series of landmark reports by the NSW Law Enforcement Conduct Commission.

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NSWCCL amongst civil society groups calling on NSW Parliament to resume

Six civil society groups are today calling on the NSW State Parliament to immediately reconvene regular sittings, in a way that is safe, so it can debate and address important matters of public concern.  

The NSW community is looking to their State Government to guide them through the COVID-19 public health emergency. Issues including the impact the pandemic is having on people experiencing homelessness and domestic violence and on Aboriginal and Torres Strait Islander peoples must be open to parliamentary scrutiny. 

As NSW teachers prepare to go back to classrooms next week, NSW MPs will sit for just one day to pass rental relief measures and are then not scheduled to sit again until September. Only with regular parliamentary processes can the Government respond to the community’s needs rapidly. 

The use of the Upper House Public Accountability Committee to review the NSW Government’s management of the COVID-19 pandemic was a step in the right direction. However, the Committee is yet to hold hearings since its inception in March, and is not accepting public submissions. The Committee has, so far, not put any measures in place to improve the transparency and accountability of executive decision-making. 

Nicholas Cowdery AO QC President of NSW Council for Civil Liberties:

“There is no legal impediment to the conduct of safe sittings of parliament in the coronavirus context. Accountable government is a requirement of democracy and without it, intrusive emergency measures may become manipulated and entrenched beyond this crisis.” 

Jonathon Hunyor, CEO of the Public Interest Advocacy Centre:

“In responding to the COVID-19 public health emergency, the NSW Government has been making major decisions with significant impact on our daily lives and fundamental rights. We need Parliament doing its job, ensuring oversight and accountability – it’s an essential part of our democracy.”

The Hon Anthony Whealy QC, Chair of The Centre for Public Integrity and former Judge of the NSW Court of Appeal:

"Parliament can and should sit during this crisis. Increased public spending and government intervention at this time calls for more scrutiny, not less. Australian Parliaments should follow examples set in the UK of MPs joining the chamber virtually to allow full representation across Parliament."

Alice Drury, Senior Lawyer at the Human Rights Law Centre:

“Now is the time for Parliament to shine, not shut down. We can have confidence in leadership during the COVID-19 pandemic only when decisions are transparent, open to constructive scrutiny, and responsive to the changing needs of our communities. We need regular Parliament processes back in place as soon as possible.”

See the original release from Human Rights Law Centre HERE

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Nominations open 2020 Awards for Civil Liberties Journalism

New South Wales Council for Civil Liberties announces that nominations are now open for two awards for excellence in civil liberties journalism for an article or series of articles, or a radio, television or podcast presentation, promoting civil liberties. The two awards are:

  • for young journalists under the age of 30 on 2 June 30, 2020, and
  • the open category.

Submissions are welcome, whether by self-nomination or third-party nomination. Submissions must include copies or links to the material that is the subject of the nomination. 

To be eligible, nominations must have been published or broadcast in Australia between July 1, 2019 and June 30, 2020, and must be received by the NSWCCL by 11:59pm, on 14th July 2020.

Nominations should be made online, to [email protected].

Nicholas Cowdery AO QC
President NSW Council for Civil Liberties

Read about last year's finalists and award winners HERE

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Supreme Court rules on VIC Government COVID-19 duty of care to person in prison

The Supreme Court of Victoria has found that the Victorian Government has prima facie breached their duty to take reasonable care for the health of a person behind bars during the COVID-19 pandemic.

The case, an urgent injunction brought by Fitzroy Legal Service and the Human Rights Law Centre, on behalf of a person in Port Phillip Prison with acute health needs, argued that people in prison are sitting ducks for COVID-19, and that it will only take one case to enter the prison for there to be an outbreak, which could not be stopped even if responsive measures are taken.

While the Court didn’t make any findings of fact given the case was heard as an interlocutory hearing, the Court did find that there was a prima facie case that the prison authorities breached their duty of care to safeguard the health of the person in prison, and that the Government must act compatibility with the Victorian Charter of Human Rights.

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This is an excerpt from a news article originally published by the Human Rights Law Centre, 2 May 2020.

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The right to protest should not be curtailed

4th May 2020

The right to protest should not be curtailed

The NSW Council for Civil Liberties has grave concerns with the actions of the Victorian Police in the arrest of Chris Breen. To our understanding Mr Breen has been charged with incitement under section 321G of the Crimes Act 1958 for involvement in a protest car convoy. We are equally concerned with the issuing of infringement notices and fines of $1652 to 26 other participants.

On Good Friday the Refugee Action Collective planned a peaceful demonstration to highlight the living conditions for the refugees being held in the Mantra Hotel, Preston, The Mantra is being used as an Alternate Place of Detention (APOD). The purpose of the demonstration was to bring attention to the difficulties of maintaining social distancing and other hygiene concerns in the facility. NSWCCL has already voiced their concerns  with the conditions in APODs.

Acknowledging the social distancing laws in place at the time, the protestors organised a car convoy with no more than two people in each car. The previous day a similar convoy had been held by the United Voice Union and although there were threats made in the media by the Victorian Police, no arrests were made, as was appropriate for a peaceful protest

On Good Friday the Victorian Police acted otherwise, by arresting Refugee Action Collective member Chris Breen in his house, holding him for nine hours at Preston police station, seizing his electronic devices (including his son’s) and charging him with incitement under section 321G of the Crimes Act 1958 for involvement in the car convoy. Police also issued infringement notices and fines of $1652 to 26 participants in the convoy.

NSWCCL has a number of concerns with the actions of the Victorian Police.

We are concerned by the use of public health measures to respond to matters of political action.

We are concerned with the precedent these actions could have for future rallies, protests or picket lines.

In order to maintain the civil right to protest in Victoria we make the following demands:

  1. The charge against Chris Breen to be dropped.
  2. The infringement notices be revoked.
  3. The Victorian Police and Government approve future car convoys and other safe forms of political protest.

NSWCCL has also written to Victorian Police Commissioner, Graham Ashton AM regarding this matter. View the letter HERE.


Angela Catallo and Dr Martin Bibby, co-convenors, NSWCCL Asylum Seekers and Refugees Action Group

Media requests: Angela Catallo via email to [email protected]

 

See this statement as a PDF

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Police state or safety net? NSWCCL in LSJ

Media coverage: Law Society Journal

We may have flattened the curve; but have we squashed the rule of law in the process? Kate Allman, a finalist in the NSWCCL 2019 Award for Excellence in Civil Liberties Journalism (Young Journalists category), asks the question in this month's compelling cover story for Law Society Journal.

“I have never seen anything like this in my lifetime and I am not aware of any previous restriction on movement and basic freedoms, ever, such as we have seen today,” says Stephen Blanks, a spokesperson for the NSW Council for Civil Liberties.

Blanks first relayed his concerns to LSJ on 31 March, the morning after the most restrictive public health order, which orders NSW citizens to stay home other than to carry out limited essential activities, was signed into law. 

“Today, being the first day of the new regulations which prohibit leaving home except with a reasonable excuse, marks an extraordinary day in our legal history,” Blanks said.

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Submission: 2020 ECOSOC High Level Segment for NGOs

NSWCCL Statement to the 2020 ECOSOC High Level Segment for NGOs 26th April 2020

The New South Wales Council for Civil Liberties (NSWCCL) recognises that the human rights and civil liberties of all people cannot be fully realised unless, and until, the global community meets the targets set by the Sustainable Development Goals (SDGs). However we recognise that development, particularly economic, need not necessarily take place in a way that is human rights based.

 In times of accelerated progress towards any goal, it is clear that states can sometimes all too quickly pursue acceleration at the expense of human rights and equality. This is not to say that acceleration is itself problematic. In line with the recommendations of the Inter-Governmental Panel on Climate Change, acceleration of sustainable development in relation to climate change (SDGS 7, 11- 15) is vital to prevent the most catastrophic climactic changes. Climate change will only entrench vulnerability and marginalisation. We strongly endorse rapid acceleration of the response to climate change, particularly within Australia.

We emphasise the importance of attaining progress towards meeting the SDG targets in a way that centres human rights obligations at the core of development. The United Nations Human Rights Council has resolved that attainment of the SDGs and implementation of human rights obligations by states should be ‘mutually reinforcing’, and a state should implement the SDGs consistently with their pre-existing human rights obligations (A/HRC/RES/37/24). This is also recognised in SDG 10 and SDG 16.

Turning to an example from Australia, the longstanding inequality between Indigenous and Non-Indigenous Australians is a deplorable stain on Australia’s history. The 2020 Closing the Gap report identifies that the child mortality rate for Indigenous Australians is slightly over double the child mortality rate for Non-Indigenous Australians (p. 15). Numeracy and literacy rates for Indigenous school students are well below national standards (p. 45). Whilst we acknowledge that some progress is being made, such progress is slow and does not comply with the spirit of the SDGs and should be accelerated alongside economic development.

To ensure that the crucial acceleration of progress responding to the SDG targets takes place in a way that advances human rights we call upon states to:

  • Ensure that justice, integrity and accountability bodies within states are strengthened and properly resourced.
  • Adopt domestic legislation which enshrines fundamental human rights and affords citizens with personal remedies to protect their rights.
  • Ensure that the rights of marginalised and minority groups are given equal, if not greater, importance than the rights of others within society to remedy past injustices.

 

Michelle Falstein

Secretary

NSW Council for Civil Liberties Australia

 

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NSWCCL calls for release of those in alternative places of detention (APOD)

NSWCCL are asking members and supporters to urgently write to a group of Federal Ministers warning them of the risks involved in keeping 100 refugees in the Kangaroo Point Central Hotel, an alternative place of detention (APOD) in Brisbane, and 50 in the Mantra Hotel APOD in Melbourne.  We are calling for their immediate release into safe places in the community as part of the public health response to the COVID-19 emergency.

The risk in APODs is that they are crowded, and social distancing is impossible. Moreover, guards, service staff and others go in and out, generally without personal protective equipment. 

There are 9,900 members of I Have a Room, who have declared their willingness to look after asylum seekers and refugees in their own homes.  In APODs and Detention Centres, here, in Nauru and Manus Island, there are a few more than 1,400 asylum seekers and refugees. 

It is true that cases have been trending down: in Queensland in particular there have been no new cases of the virus in the last few days.  However, as Professor Paul Kelly, the Deputy Chief Medical Officer, said on the ABC’s Coronacast podcast on Wednesday 22 April, there is a risk of a second wave of the virus, which would be worse than the first.   Moreover, there may be asymptomatic cases, with people who are not aware that they have the disease able to spread it to others, who may die of it.

We thank you for taking this action to help protect asylum seekers and refugees in Australian care during the COVID-19 health crisis.

- Angela Catallo and Dr Martin Bibby, co-convenors, NSWCCL Asylum Seekers and Refugees Action Group

Media requests: Angela Catallo via email to [email protected]

 

Please write in your own words, or copy and paste the example letter below into an email, and send to:

The Hon. Alan Tudge, Acting Minister for Immigration [email protected]

The Hon. Peter Dutton, Minister for Home Affairs [email protected]

The Hon. Anne Ruston, Services Minister [email protected]

The Hon. Greg Hunt, Minister for Health [email protected]

The Hon. David Coleman, Minister for  Immigration, Citizenship, Migrant Services and Multicultural Affairs. [email protected]


Dear Ministers,

You will be aware of the concerns expressed by Mr. Ed. Santow about the COVID-19 health risk due to overcrowding inside two alternative places of detention (APODs) for refugees and asylum seekers - that is, in the Kangaroo Point Central Hotel in Brisbane and the Mantra Hotel in South Preston, Victoria.  According to Mr. Santow, social distancing is not possible while so many are detained there, and the lives of the detainees are at risk.

APODs are not isolated from the wider community--guards, service staff, cleaners and others go in and out.  They can carry infection in, and others will carry it out.  Mr. Santow's warning should be treated seriously and the response should be urgent.

I remind you of the consequences of Donald Trump's dismissal of warnings about the novel coronavirus as fear-mongering.

I am writing therefore to urge you to rescue the people detained in those two places from their almost inevitable infection with the SARS-2 virus if they stay there, and the likely deaths of some of them.   I urge you  to act swiftly and place them in community detention, or release them to safe places in the community. 

It is true that cases have been trending down: in Queensland in particular there have been no new cases of the virus in the last few days.  However, as Professor Paul Kelly, the Deputy Chief Medical Officer, said on the ABC’s Coronacast podcast on Wednesday 22 April, there is a risk of a second wave of the virus, which would be worse than the first.   Moreover, there may be asymptomatic cases, with people who are not aware that they have the disease able to spread it to others, who may die of it. 

There are 9,900 members of I Have a Room who have declared their willingness to take an asylum seeker or refugee each from detention into their own homes. 

I urge you to take up their offers, and act before it is too late

Yours sincerely,

 

(SIGN HERE)


Download the letter as a PDF to print, sign and scan/photograph and send via email.

 

 

 

 

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