The NSW Government has recently implemented new legislation that prohibits the act of vilification based on religious belief, affiliation, or activity. The Anti-Discrimination Amendment Act 2023 amends the Anti-Discrimination Act 1977, making it illegal to, through a public act, incite hatred, serious contempt, or severe ridicule towards an individual or group due to their religious beliefs, affiliation, or activities.

The term 'public act' encompasses any form of verbal and non-verbal public communication or conduct.

These amendments complement the existing laws that already prohibit vilification based on race, homosexuality, transgender status, and HIV/AIDS status.

Tamsin Rose: A move to overhaul the law criminalising hate speech in New South Wales following clashes across Sydney amid community tensions over the Israel-Hamas war has sparked debate over the limits of freedom of speech.

The NSW premier, Chris Minns, this week ordered a review of the 2018 law that made it a crime to threaten or incite violence based on race, religion, sexual orientation or gender identity, because to date crimes under the laws had never been successfully prosecuted.

The NSW Council for Civil Liberties (NSWCCL) is concerned regarding media reports today that the Premier is moving to tighten the NSW Crimes Act seemingly in response to lobbyists from faith-based organisations.  

Ludovico Fabiano, a deputy mayor representing Waverley Council, home to one of Australia's largest Jewish populations, has been sacked after backing a move to condemn Israel's bombing of Gaza.

Recently, Waverley Council voted on a motion to condemn the attack on Israeli civilians by Hamas and give $10,000 to Jewish community organisations in their area. Ludovico Fabiano attempted to amend a motion about the Israel-Gaza conflict to call out "war crimes" by Israel but was voted out of his position during a public meeting on Thursday evening.

In the build up to Labor’s overhaul of the current state Drug Law system NSW recently introduced a two-strike system. Under this scheme, people caught with drugs of any form might be fined approximately $400 up to two times depending on the severity of their conduct and then made to undergo a compulsory training after which their fines will be wiped out. The failure to reform behaviour after the training means that the person will have to pay the required fees. 

While this system reduces the number of people charged under criminal law, it still does not remove all of the criminal connotations and surveillance power over the communities. 

Today, the High Court of Australia (“HCA”) has ruled that the Government cannot strip Australians who have been convicted of terrorism offences of their citizenship pursuant to section 36D of the Australian Citizenship Act 2007.

The HCA decision is in response to an appeal that was lodged by convicted terrorist Abdul Nacer Benbrika, who was incarcerated in 2005.

The New South Wales Council for Civil Liberties has long argued that section 36D of the Australian Citizenship Act 2007 was invalid and that it did not empower Ministers to strip a person’s citizenship.

We have long held the position that depriving someone of their citizenship should not be a legislative response to any criminal offence – even the most shocking and inhumane offences such as terrorism as it is fundamentally undemocratic.

Today marks the first day of the Artificial Intelligence Safety Summit.

We have signed an open letter that will be delivered at the Summit on the urgent need for the risks that AI poses to our civil liberties and human rights to be considered when developing policies and regulations on the use and proliferation of AI. 

You can view the open letter here.

The New South Wales Council for Civil Liberties (“CCL”) gave evidence today at NSW Parliament before the Modern Slavery Committee regarding its review of the Modern Slavery Act 2018 (“the NSW Modern Slavery Act”).

The review is concerned with whether the policy objectives of the NSW Modern Slavery Act remain valid.

The CCL strongly supports the policy objectives of the NSW Modern Slavery Act.

A coalition of legal, First Nations and Human Rights organisations have come together to call on the NSW government to raise the age of criminal responsibility to at least 14.

The group, which includes the Aboriginal Legal Service (ALS) NSW/ACT, AbSec, Amnesty International Australia, ANTAR, Australian Services Union NSW & ACT Services Branch, Community Legal Centres NSW, Just Reinvest NSW, Justice Reform Initiative, New South Wales Council of Social Service (NCOSS), NSW Council for Civil Liberties (NSWCCL), NSW Teachers Federation, Public Interest Advocacy Centre and Youth Action, brings a deep understanding of the negative impacts criminalising children has as well as knowledge and expertise on how to do better as a community.

In a statement, the group said better outcomes and a safer community wouldn't be achieved by doing things that don't work.