The NSW Council for Civil Liberties (NSWCCL) strongly condemns the recent remarks made by the Leader of the Opposition, Peter Dutton, linking a pro-Palestine protest to the tragic events of the Port Arthur massacre. Such statements not only lack factual basis but also dangerously conflate unrelated issues, leading to misinformation and unwarranted associations.

Today, the NSW Council for Civil Liberties is appearing before the NSW Electoral Matters committee to call on the Committee to recommend that the current restrictions on prisoners right to vote in the NSW Electoral Act be removed.

The Council strongly believes that any exclusion of a person’s right to vote is a grave curtailing of the right to participate in a healthy democracy. This has a de-facto consequence of creating “tiers of citizenship” and does little to assist in the rehabilitation of incarcerated people when they have served their time.

The Council is also concerned about the disproportionate impact that the current restrictions on prisoners’ right to vote has on First Nations communities.

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 new 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 legislated review of the undemocratic “anti-protest” law is scheduled to take place after 1 April 2024 and will be carried out by the Department of Roads and the Attorney-General’s Department - the NSW Government has so far refused to commit to the review being open to the public and transparent. The right to protest cannot and should not be scheduled merely for a “departmental” review. 

The diversity of the organisations that have signed the open letter is significant. It evidences the grave concerns that are held by civil society organisations, unions, faith bodies, environmental and human rights organisations.

READ our open letter HERE.

READ our petition HERE.

Recently 19 individuals were arrested by police at Port Botany during a protest against the arrival of an Israeli cargo vessel responsible for transporting weaponry and resources for the Australian defense force. This protest was organised by the Palestine Justice Movement and Trade Unionists for Palestine. There were hundreds in attendance at the protest on Sunday evening, which finished with a march towards the primary access point on Penrhyn Road.

According to NSW Police, the protest was unauthorised, and some individuals disregarded police instructions.

The 19 individuals arrested were transported to Surry Hills Police Station and subsequently charged with offenses including obstructing roads or paths, failure to comply with police orders, and and remaining “near or on [a] major facility causing serious disruption”.

Those arrested were served court attendance notices to appear at Downing Centre Local Court in early May.

The recent reports of the Australian government cancelling Australian visas of Palestinians fleeing Gaza mid flight has sparked calls for transparency.

Figures from the Department of Home Affairs show that the Australian government granted 2,273 temporary (subclass 600) visas for Palestinians with family in Australia between October 7 and February 6 this year. But there are reports of Palestinians having their visas cancelled mid flight or upon arrival to the airport. The reasons for the callelations are currently unclear. 

Since the beginning of the Israel Palestine conflict more that 31,000 Palestinians have been killed. Visa cancellations have left Palestinians stranded.

There is an injured 23-year-old man stuck in an Istanbul airport after his visa was cancelled en route to Australia. He cannot return to Egypt or leave the airport without a valid visa.

Premier Chris Minns is under intense scrutiny following the NSW Government's announcement of new legislation aimed at toughening the stance on youth crime, which will tighten the criteria for granting bail to young offenders.

The premier has dismissed the possibility of raising the age of criminal responsibility to 14, a move criticised as “knee-jerk law and order response”.

Moreover, teenagers who engage in "post and boast" behavior on social media will now face an additional two years added to their prison sentences.

These policy changes are framed as efforts to address rising crime rates in regional NSW according to government statements.

However, there are widespread concerns that these reforms may result in more children being incarcerated and could exacerbate the state's challenges in meeting the"Closing the Gap" targets.

The long-awaited legislation to ban LGBTQ+ conversion practices was finally tabled by the Attorney General on Wednesday.

Dr. Amanda Cohn, spokesperson for NSW Greens spokesperson for LGBTQIA+ affairs described the changes as "overdue" and "welcome," yet emphasised the need for further progress. She highlighted the legislation's origins in the tireless advocacy of conversion practice survivors over the years, noting that while it now aligns NSW with standards seen in other states and territories, NSW still harbors the worst laws for LGBTQ+ individuals.

"As one example, NSW is the only jurisdiction that forces people to have invasive and medically unnecessary genital surgery to change their gender on official documents,” she said.

NSW Council for Civil Liberties is horrified about the announcement by the Minns Government to tighten NSW bail laws for children. 

Tightening bail laws to keep children locked up hasn’t worked in a single place it’s been tried. Prisons are no place for children and young people, this is a step backwards for criminal justice in NSW not a step forwards.

The Mardi Gras Board recently requested members of the NSW Police Force to refrain from participating in the 2024 parade, to allow for a period for collective mourning after the tragic shooting of two gay men allegedly by Senior Constable Beau Lamarre-Condon.

Despite this, pressure from the NSW Premier Chris Minns and Prime Minister Anthony Albanese resulted in a compromise where LGBTIQA+ officers participated in the parade wearing plainclothes. On the night of the parade, their section was additionally accompanied by armed riot squad officers. 

This compromise sparked debate and scrutiny, underscoring broader issues within the NSW Police Force that extend beyond the recent tragedy.

For those new to the world of whistleblowing, it’s proven to instigate positive change and instigate positive change.

Julian Assange, the founder of WikiLeaks, may be facing his final court hearing in the UK High Court of Justice soon. The hearing concerns if he will be extradited to the US to face spying charges. 

In 2010, Julian Assange published classified US military information provided by Chelsea Manning, a US Army whistleblower, to WikiLeaks. This information included details of war crimes, torture, assassinations, and the identities of Guantanamo Bay prisoners.

Despite the publication of this sensitive information, there is no evidence indicating that it directly led to any deaths or compromise of security of the United States. However, it did cause significant embarrassment for the US government and stirred widespread concern globally.

Assange spent seven years within the Ecuadorian embassy in the UK, followed by nearly five years of confinement in Belmarsh maximum security prison, all without formal charges.

Critics have pointed out that the federal Labor government's management of Assange's case lacked significant efforts towards negotiation for his release. Speculation has arised, suggesting that the political ramifications on the relationship with the US could be the primary reason for this. Additionally, recent geopolitical events, such as the controversial AUKUS pact, have provided potential leverage points for negotiation, yet no progress has been seen.