Today, the High Court has handed down its decision in Ravbar & Anor v Commonwealth of Australia & ORS [2025], otherwise known as the case testing the legality of the CFMEU administration. The High Court found the Fair Work (Registered Organisations) Amendment (Administration) Act 2024 is constitutionally valid. 

The NSW Council for Civil Liberties (NSWCCL) remains seriously concerned about the administration and its implications for all member-based civil society organisations, unions, and registered clubs. Last year, the Commonwealth removed democratic control of the CFMEU by its members on the basis of what were at the time, untested allegations. The findings of the High Court do not negate that the CFMEU was placed into administration without, at the time the legislation was passed, any proven allegations of wrongdoing. The appropriate response from the government should have been to test the allegations against CFMEU officials and delegates in court, and if proven, sought the removal of the officials. This process was circumvented when administration was imposed by parliament, and went against the essential democratic principles of innocence until proven guilty, due process and freedom of association. The administration legislation may now operate as a legal model for the takeover of other unions and other member-based civil society organisations in the future. 

Over the past twelve months there has been a worrying trend of state overreach by the federal Labor Government, which threatens to undermine the rule of law, including through the passing of the Administration Act and the introductions of mandatory minimum sentencing late last year. The NSWCCL maintains that everyone has the right to natural justice and procedural fairness, regardless of the allegations they face. 

The independence of membership-based organisations across Australia must be protected and Australia must uphold its obligations under the International Labour Organisation, namely Articles 3 and 4 of the Freedom of Association and Protection of the Right to Organise Convention, 1948.

Today, the NSW Premier Chris Minns has refused to appear before the NSW Legislative Council’s inquiry into the handling of the Dural Caravan incident. 

It was revealed in a previous hearing with NSW Police that the Premier and the Police Minister were briefed ‘very early on’ that the incident was like a criminal hoax, yet the Premier continued to use language of ‘mass casualty event’ and ‘terrorism’ in media related to the events.

This and other incidents were used as justification to pass a series of repressive laws including the Places of Worship Act, which restricts protest ‘at or near places of worship’ and is having its constitutionality tested before the NSW Supreme Court from Thursday, and the Inciting Racial Hatred Act.

Yesterday the University of Sydney administration announced that it has adopted a policy that represses political speech and activism on campus. This includes the banning  of banners or on campus without receiving prior permission and constraints on staff sending political emails. 

Comments attributable to Timothy Roberts, President NSWCCL 

“The adoption of this policy is a continuation of an alarming trend of political repression and the loss of academic freedom at the University of Sydney. The University’s leadership continues to take regressive stances on speech that should be of grave concern to not only current and former students and staff, but our community. We rely on institutions like USyd having free and open discussions on complex issues. 

Today the NSW Labor Government has announced that they will be reviewing the legal principle of doli incapax. 

Doli incapax is a way the Courts protect our community by ensuring that when prosecuting children, between the age of 10 and 14, the prosecution has to establish beyond reasonable doubt that the child knows and is capable of knowing what they did was wrong.

The use of beyond reasonable doubt is another, even ancient, community protection that ensures a high standard of evidence in criminal matters. This is important given the serious consequences for a person if convicted of a criminal matter, and the priority the community places on not convicting innocent people in our community. 

The New South Wales Council for Civil Liberties (NSWCCL) is alarmed at the revelations yesterday at the Select Committee on the Relationship between the Dural Caravan Incident and Parliamentary Debates on Legislation. It is deeply concerning that a NSW Police officer sitting at the top of the investigation into the incident had to sign a non-disclosure agreement (NDA) for the Australian Federal Police to reveal information confirming the incident was part of an opportunistic criminal conspiracy, and not anti-semitic terrorism.

The use of an NDA in this context is extremely unusual, and was clearly not in the public interest: the NSW public was made to believe that a “mass casualty event” or “terror attack” was imminent, and it was in this febrile atmosphere that the hate speech and anti-protest laws were rushed through parliament by Premier Minns on 21 February. 

The New South Wales Council for Civil Liberties (NSWCCL) applauds the NSW Legislative Council for initiating an inquiry into whether Premier Chris Minns and Minister Catley misled Parliament and the public to secure the passage of the Places of Worship Bill, Racial and Religious Hatred Bill and the Inciting Racial Hatred Bill.

NSWCCL's persistent advocacy has successfully secured the inquiry, which aims to uncover whether the government knowingly used fabricated threats of terrorism and a mass casualty event to justify the swift passage of repressive legislation that risks criminalising legitimate speech and protest.

The NSWCCL supports the legal challenge to the anti-democratic laws by the Palestine Action Group (PAG) in the Supreme Court of NSW today.  These laws granted NSW Police improper powers in dealing with protestors and activists at rallies. They included additional move-on orders that would cause serious damage to our right to assemble and communicate with each other, and therefore damage our democracy. They should be tested. 

Today the NSWCCL has written to State MPs calling on their support for a NSW Legislative Council inquiry into whether Premier Chris Minns and Minister Catley misled the Parliament and public in order to pass the Places of Worship Bill, Racial and Religious Hatred Bill and the Inciting Racial Hatred Bill. 

The information available on the public record indicates the Premier may have been aware that the caravan incident was a criminal hoax, not a credible threat to lives, as early as 29 January 2025. Despite this he warned the public that it was “terrorism” and the “discovery of a potential mass casualty event”. Deputy Commissioner Barrett has said that investigators knew “almost immediately” that the plot was a fabrication. The New South Wales public should have clarity regarding what the Premier knew, when he knew it and the circumstances of the legislation he then rushed through parliament as a consequence. 

In February NSW Premier Chris Minns passed controversial hate speech and places of worship laws. These laws criminalise racist remarks and give police broad powers to restrict protests near places of worship, carrying penalties of up to two years in jail. 

This legislation was introduced during a rise of antisemitic incidence, with a key event during this time being a police discovery of an explosives-laden caravan in Sydney’s outskirts which was labeled as a terrorism event by Minns. However, federal and NSW police have since revealed that the caravan plot was orchestrated by organised crime, not motivated by antisemitism. This has brought into question the actions of Premier Chris Minns and Police Minister Yasmin Catley in their use of fear-driven rhetoric based on this event to justify the rapid passage of these laws. 

NSWCCL is calling for a NSW Legislative Council inquiry into whether  Premier Chris Minns and Minister Catley misled the Parliament and public in order to pass the Places of Worship Bill and the Inciting Racial Hatred Bill. 

Throughout the public debate on these Bills, NSWCCL along with many democracy and legal experts reiterated that the government was weaponising fear to push a draconian agenda that criminalises legitimate speech and protest. 

Comments attributable to Timothy Roberts, President NSWCCL 

“The Minns Labor Government has played right into the hands of those who concocted the caravan plot in using it to drive a repressive and fear-based legislative agenda that has further divided the community. 

“NSWCCL is deeply concerned by reports that the Premier was aware the plot was a fabrication, not a real threat to lives, when citing it as a potential ‘mass casualty’ event which justified pushing through repressive laws that have eroded our democratic freedoms. 

NSWCCL has been speaking out against Labor's proposed new protest laws and recently with the Australian Democracy Network, organised a rally with over 200 attendees at Town Hall Square in Sydney City.

These laws aim to ban protests near places of worship regardless of what a protest is about and whether it is even directed at a religious institution. Many different groups including leaders from 12 faith communities have expressed concern regarding these laws, with many worried about the future of protest in Sydney and NSW as the abundance of religious buildings accross the city may make any protest much more difficult to hold.