The Member for Davidson, Jonathan O'Dea, said the burka should not be worn in public and police should be given powers to enforce its removal, saying Politicians should accept "reasonable societal norms" and ban the burka.
Mr O'Dea said his stance was not racially discriminatory because it would be extended to masks and helmets.
"Unless mainstream political parties respect what are are commonly acceptable and reasonable societal norms then it gives space for people like Pauline Hanson to capitalise and play on racial or religious bigotry," he said.
Stephen Blanks from the New South Wales Council for Civil Liberties said the Premier Gladys Berejiklian should dismiss the calls.
"We really have to think carefully about who in society we want to criminalise [and] subject to the force of the police and the court system," he said.
"We could criminalise all sorts of things some people find annoying. But when you think about it, it just doesn't work for society to do that.
"We have to have a level of tolerance, we have to have a level of restraint."
Source: ABC News Online
NSW Police Commissioner Andrew Scipione has taken the Keep Sydney Open group to the Supreme Court over their plans for a protest in Kings Cross.
Keep Sydney Open organiser Tyson Koh says he was told about the Friday court hearing on Thursday evening and scrambled to find “a silk, two barristers and two solicitors” by the next day. Police argued Keep Sydney Open hadn’t properly planned for the event and pointed to a lack of security, traffic planning and mass evacuation and crowd dispersal plans. But Koh’s lawyers argued police had never asked for these things during the permit application process.
Judge Geoff Lindsay considered both perspectives but ultimately sided with the police, in making a prohibition order to stop the protest going ahead.
The president of the NSW Council for Civil Liberties Stephen Blanks says while protesting is generally legal, there are some conditions.
“The law is that you should give the police seven days notice of an intention to hold a public assembly or protest,” he told Hack.
“If you have given the seven days notice you cannot be prosecuted for causing obstruction. You’ve got that immunity unless the commissioner of police applies to the Supreme Court in order to prohibit the assembly,” said Blanks.
And once it’s in court, it can go either way.
"There have been occasions where protests have been planned around important international events and the court has been reluctant to allow protesters that would potentially interfere with those kinds of events.”
Stephen Blanks says there “isn’t any exact criteria” for the court to apply.
“On this occasion the court has succumbed to police pressure and the public safety line. We’ve seen that a few times in the last couple of years."
“Unfortunately (you) have no legal protection under the Summary Offences act for causing obstruction. So yes people can turn up and protest but they have to do it in a way that doesn’t cause obstruction to anyone else,” said Blanks.
“There’s no law about holding a sign. So it would be an interesting test if people do go to the area where the protest was to be held and do want to deliver a message."
In a statement, a spokesperson for the NSW Police Force said they were committed to working with all protest groups but they were not just concerned about safety - they were also taking into account any possible impacts on businesses and residents.
Source: ABC (Triple J-Hack)
In a video posted to social media, a NSW police officer is seen using pepper spray while another knees a man to the ribcage during an arrest in Mount Druitt.
Police had been called to the scene, after a 17-year-old girl allegedly threatened to kill a shop assistant after slamming a trolley through a glass door. The man in the video was eventually arrested and charged with obstructing police.
Former police officer, NSW Police Minister and now state MLC Mike Gallacher said the footage highlights the dangers officers put themselves in but according to civil libertarians, there was no need for officers to strike or knee the man they were trying to arrest.
“That does look like gratuitous violence by the police by someone who they were able to overpower and arrest,” NSW Council for Civil Liberties spokesperson Stephen Blanks said.
See Article, with Video: Shocking video shows police officer knee man in ribcage during violent western Sydney arrest
Source: Channel 7 News
Divorce lawyers could soon have access to the web, phone and email sessions of every private user in a scheme which has been slammed as “the most intrusive of any developed country”.
Since October 2015, all telephone and internet service providers have been required by law to retain for two years all their clients’ metadata including voice, text and email communications, time, date and device locations and internet sessions. The requirement was said to be needed for national security.
Now the Attorney-General’s department is seeking submissions by January 27 in a review looking to extend access of retained metadata to lawyers acting for clients in civil litigation.
President of the NSW Council for Civil Liberties Stephen Blanks said the move for feuding partners to be allowed to demand internet and phone data history “exposes the inherent problem with the collection of personal information”.
Mr Blanks said the government’s original justification for the laws was that the information could be used to fight serious crime and terrorism but, having got the laws passed, was seeking to open up the use of the data to way beyond those justifications.
“The idea that there is now a data set that can be accessible for any court at all represents the abolition of any privacy,” Mr Blanks said.
“You can’t have an internet or telephone simply for the purpose of browsing online, sending emails or for the purpose of telecommunications — the price of doing those very ordinary things is going to be a traceable data set about everything you’ve done and everywhere you’ve been.
“This kind of permission for using this data generally in litigation represents the complete abolition of the idea that information is gathered and used only for the purpose for which it was really intended.
“Instead it represents the idea that if it exists and can be used for any purpose at all, then it’s legitimate to do so. That is an idea that ought to be rejected.”
The department plans to deliver the findings by April 13.
Source:The Herald Sun
Law enforcement agencies are dramatically increasing their use of Opal card public transport data to track the movements of people in New South Wales, with approvals for data more than doubling this year.
Internal documents also reveal that police can be handed the information of “collateral cardholders”, or people who are not suspects, when their person of interest’s identity is unknown.
The details of collateral cardholders may be handed over when police request details of all travellers who have used their card at a particular time and place. That may occur, for example, when police have seen a suspect on CCTV, but do not know who they are.
The vice-president of the NSW Council for Civil Liberties, Pauline Wright, said the number of refusals showed that “inappropriate requests are surely being made”.
“Our view still is that requests for this kind of information should only be able to be made by warrant, rather than leaving it up to the discretion of Transport NSW,” she said. “Clearly there’s been a huge increase in two years in the number of requests, so one can only surmise that the circumstances in which those requests are being made are broadening.
“So as police realise how easy it is to get this, there’s a real potential that it’s being requested in completely inappropriate circumstances.”
Source: The Guardian
Stephen Blanks, President of the NSW Council for Civil Liberties discusses anti-protest legislation enacted by the NSW Government, its impact on community opposition to WestConnex and the way the legislation is used by business, government and the police.
"The right to protest guards against the dynamism of politics and society. Freedom to express your opinion in spite of pressure is an important aspect of the NSW democracy."
"We have also had longstanding concerns with the way in which this unit of police has been deployed specifically to suppress protest, and its a paramilitary force which is not a thing of balance between protesters and the community. They are designed to oppress protesters. Protesters should be looking TO police for protection, not the other way around. To turn the police into an anti-protest riot squad is a huge infringement of democracy"
Hear full interview below:
Source: SkidRow Radio 88
The NSW Ombudsman report on "Review of police use of the firearms prohibition order search powers" was released yesterday, leading some commentators to point out that the orders and redundant, unnecessary and improperly used.
Stephen Blanks talked with Robbie Buck on ABC 702 morning radio to explain some of the issues raised by the report.
Audio: Breakfast with Robbie Buck (interview at 1:20:00)
Source: ABC 702 Radio
Transcript: See Here
A parliamentary committee has endorsed new laws allowing convicted terrorists to be kept in jail once their sentences expire, provided a court rules they pose a threat to society.The strengthening of Australia's counter-terrorism laws was recommended by Prime Minister Malcolm Turnbull earlier this year after high-profile terror attacks in Orlando, Nice and Paris.
On Friday, the Parliamentary Joint Committee on Intelligence and Security recommended the laws be introduced along with 23 amendments.
Civil liberties groups expressed concern about the proposed laws earlier this year claiming they were a distraction and window-dressing.
"People who have been convicted of serious terrorism offences are in jail for many years to come, we're not being told who is about to be released that they're concerned about," New South Wales Council of Civil Liberties president Stephen Blanks said.
Source: ABC News
*PJCIS REPORT can be viewed online here*
Recent polls show a large amount of Australians are in favour of increasing powers for government security agencies to defend against terrorism, but how much are we willing to sacrifice for this added 'protection'?
Interview with NSWCCL President Stephen Blanks, ANU researcher Dr. Jill Sheppard, and Counter Terrorism expert from Deakin University, Greg Barton.
Source: Channel 7: Weekend Sunrise
The national spy agency, ASIO, wants the power to arrest and detain family members of terror suspects for up to seven days without a judicial warrant.
At the moment, a judge has to sign off on this type of arrest and detention and be present for questioning. ASIO says that, in future, the Attorney-General's go-ahead should be sufficient authority.
Stephen Blanks, president of NSWCCL, outlines the Council's views on this important issue with Peter Lloyd on ABC Radio National PM. See below for full transcript.
Source: ABC PM (Radio)