Writing in the Sydney Morning Herald, NSWCCL committee member and ex President Nicholas Cowdery QC argues that 'Nothing “done to” Berejiklian was a disgrace – she is a witness in the investigation and has been treated appropriately.' and 'The ICAC’s powers have not been abused'.

Read the full article:  Morrison's rant against ICAC needs a good fact-check

The ABC considered a 12-month jail sentence given to a 22-year-old climate activist over anti-coal protests in the NSW hunter region. 

Our President Pauline Wright commented that the penalty seemed harsh:

"If the law means that people participating in peaceful protest end up in jail then that law is objectionable in a liberal democracy where we have a right to peacefully protest," she said.

"When people take actions that put themselves or others into danger then that is one thing, but imposing a criminal sanction on that kind of activity isn't necessarily the way to go."

Read the full article: Prison sentence for climate activist over Newcastle anti-coal protest divides community ABC News 24 Nov '21

ABC Breakfast with Scott Levi spoke to our President Pauline Wright about legislative changes in response to the Royal Commission into Aged Care Quality and Safety's Final Report. He raised concerns over on immunity from litigation over restrictive practices (the subject of much evidence at the royal commission) given to aged care providers. 

The Green Left Weekly talks to our President Pauline Wright about the increase in mass surveillance of the Australian population since the turn of the century, noting that Australia is the only liberal democracy without a specific Federal Bill protecting citizens' rights. 

Since the 9/11 terror attacks, new terror offences have facilitated the ever-growing surveillance state.

Pauline outlines the increase from zero to 92 pieces of legislation that, together, are 'Orwellian' in their reach.

“The argument has been that those extreme powers that we do have enhance Australia’s national security, but we doubt that some of those extreme powers have been effective, even though they fundamentally impact on our rights.”

Read the full article: The Australian surveillance state is very real. But it’s no product of the ‘plandemic’ Green Left Weekly 23 Nov '21

Writing in The Guardian, our President Pauline Wright considers the impact of recent events on our civil liberties.

"if there is one thing the pandemic has done, it is to illustrate how precious and how fragile our civil liberties really are. People have seen that governments or their departments can impose severe restrictions on us at the stroke of a pen. We have been made subject to curfews, punitive fines and uneven policing. Our borders have been closed, Australians abroad have been denied the fundamental right of every citizen to return and we haven’t been able to travel interstate to see loved ones, receive medical treatment or attend to urgent business without exemptions, which have proved as hard to obtain (for most of us) as hens’ teeth."

Sydney Criminal Lawyers talked to our President Pauline Wright about the increase in draconian legislation since 9/11, as well as during the pandemic, and the need for a Bill of Rights.

"Australia has no bill of rights, and that has allowed the Australian government to bring in legislation that it would not have been able to have enacted in other nations, like the United Kingdom, the United States and Canada, where they have bills of rights or human rights acts," said Pauline.

Writing in the Sydney Morning Herald about the ugly debate in Victoria, our Vice President Josh Pallas argues that the proposed legislation would be an improvement on the laws already in place both there and here in NSW.

"Which is the great pity of the breakdown in the debate in Victoria. Of itself, that debate about the way Victorians should be governed through the pandemic is a win for democracy. It wouldn’t happen in autocratic states. It presented an opportunity for parliamentarians, citizens and stakeholders to reconsider very powerful legislation when the issues were fresh in everyone’s mind."

Read the full article: Victoria’s supposedly autocratic pandemic laws would be better than NSW’s

The Office of the Information Commissioner has ordered US company Clearview to stop collecting photos taken in Australia and remove those in its collection as they were ruled to have breached privacy rules. The company had offered a free trial to police to access its database of millions of photos - assembled by scraping facebook and other publicly available websites without consent from anyone.

The company suggests the data is governed by US, rather than Australian law, as it is stored in the US.

Wendy Harmer and Robbie Buck spoke to NSWCCL Treasurer Stephen Blanks, who said:

"This is really a move towards a surveillance state. the idea that just because you've done nothing wrong you've got nothing to worry about is just a false view. The risks are real."

"There is a  real problem if it can escape the laws of any particular country by forum shopping."

"Innocent people will be subject to unfair investigations as a result of being misidentified by these databases."

Fingerprints, iris, palm and voice recognition are all more accurate than facial recognition; people who are female, black and aged 18-30 are 34% more likely to be subject to misidentification than fair skinned males. 

Stephen calls for a moratorium on the technology, commenting that it is "racing ahead of regulation" with government agencies like police forces are entering into agreements with companies such as Clearview without understanding the ethical issues. 

Listen to the full interview: Privacy concerns over face recognition AI real, says expert

The Green Left reports that an election to be held on the 4th of December in the City of Sydney electorate will fail the definition of democracy, the second such election since a new law was introduced in 2014.

'This controversial law allows businesses in the City of Sydney two votes, by allowing the business to appoint two people from outside the local area to vote on its behalf. The NSW Council for Civil Liberties described this as “profoundly undemocratic”.'

Read the full article: Residents push for an end to rigged City of Sydney vote

The Guardian reports that a coalition of legal, social justice and Aboriginal groups (including NSWCCL) says the New South Wales government should cease prosecuting Aboriginal people for exercising their cultural fishing rights.

'The NSW Council for Civil Liberties president, Pauline Wright, said the government’s attitude was indicative of “systematic racism”. “If the aim was truly to protect the marine environment, they wouldn’t be allowing commercial fishing to expand at the same time as prosecuting Aboriginal fishers,” she said.'

• Read the full article: Aboriginal groups call on NSW government to end cultural fishing prosecutions
• More information: Local NSW fishermen are being prosecuted under State law contrary to their Native Title rights NSWCCL 15 Sept '21