The NSW government has recently ordered a review into the effectiveness of section 93Z of the Crimes Act 1900. Section 93Z makes it an offence to publicly threaten or incite violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status. The maximum penalty for an individual is 100 penalty units or imprisonment for 3 years (or both).

Calls from community groups, challenging the efficacy of section 93Z, have prompted the start of this review.

“There is no place in NSW for hate speech or incitement to violence. We live in a multicultural society, and it is vital that we have laws that protect people who come from communities all around the world and call NSW home,” Premier Minns said in a statement. 

Recently, the New South Wales police have failed to produce a review of the way they have responded to mental health crises, which was promised to the government. The recent shooting of a mentally unwell man by police, has heightened pressure for police reforms.

Alexander Stuart Pinnock, was shot at by multiple officers following a two-hour standoff which began after Pinnock threatened staff with a pistol. He was treated by paramedics but died at the scene.

In 2023, the police response to mental health emergencies was criticised as officers fatally wounded or shot four people in mental health crises. In response to this, the police minister commissioned a 3 month review, which was aimed to be complete at the start of November. 

Currently, the report has not been finished. 

NSW Council for Civil Liberties notes the review of s93Z of the Crimes Act to be conducted by the Honourable Tom Bathurst KC AC.  NSWCCL hopes that the review will involve extensive community consultation and looks forward to being involved in that consultation.  

New South Wales has strong “hate speech” laws that already criminalises speech that either intentionally or recklessly, threatens or incites violence against someone based on their race, religion, sexual orientation or other characteristics.  These laws should be seen in the context of both Commonwealth and State anti-discrimination laws which provide civil remedies in many circumstances.  Resort to criminal law should always be a last resort.  The law should not criminalize legitimate free speech.

From Cat Woods: Global advocacy organisation Article 19 released their annual Global Expression Report late last year. The report tracks freedom of expression across 161 countries via 25 indicators, giving each nation a score between 0 and 100.

That score places it in an expression category between “Open” and “In Crisis”. The facts illustrated in the report reveal that more than six billion people globally live with less freedoms than they had 20 years ago.

LSJ spoke to Lydia Shelly, the president of NSW Council for Civil Liberties and director of Shelly Legal about the reasons for, and implications of, the global and national decline in freedom of expression.

The NSW Council for Civil Liberties (NSWCCL) acknowledges the Australian Government's recent announcement in response to the consultation on responsible AI regulation in Australia. While we appreciate the government's efforts to address the challenges posed by artificial intelligence, we have some concerns about the proposed voluntary guidelines for users, which risks putting Australia behind the pace set by the European Union in AI regulation.

The recent fatal shooting of a 34-year-old man, identified as Alexander Stuart Pinnock, outside a medical centre in Nowra, has sparked calls for improved training in mental health interventions for police officers. 

Pinnock reportedly threatened medical staff with a semi-automatic pistol, and after emerging from the clinic after a two-hour standoff, was shot at by multiple police officers. He was treated by paramedics but died at the scene.

Pinnock, had a history of mental health interventions and a minor non-violent criminal record, previously pleading guilty to impersonation of a lawyer. He has featured previously on a news program explaining his schizophrenia was responsible for his impersonation.

This incident has raised questions surrounding the police's handling of individuals with mental health challenges. 

In a statement, the Pinnock family said “What happened yesterday demonstrates a failure within the various systems in our community designed to help and support those who struggle with mental illness, This does not excuse his actions and it does not lessen the impact felt by those close to the incident.".

The admission of eight individuals to the hospital due to MDMA overdoses at an electronic music festival in Melbourne has sparked renewed and pressing demands for nationwide pill-testing initiatives.

Of those affected at the festival, seven had to be placed in induced comas and required breathing tubes.

Victorian Health authorities have announced that the overdoses were not caused by a single bad batch, but instead the hot, humid conditions at the festival, paired with physical exertion. 

The hospitalisations have intensified the calls for increased pill testing, and for governments to address the complicated issue of festival drug use. 

The NSW Council for Civil Liberties (NSWCCL) expresses our deep concern over the recent police shooting of 34-year-old Alexander Stuart Pinnock in Nowra.

The recent spate of suspected MDMA overdoses at the Hardmission event in Flemington, Victoria, resulting in eight individuals being placed in medically induced comas, has reignited the urgent need for nationwide pill-testing programs.

Earlier this week, the NSW Supreme Court ruled that NSW anti-protest laws are constitutionally invalid.

These laws were enacted last year in response to a climate protest that caused traffic disruptions, criminalizing activities that cause obstructions, partial closures, or redirections around various major facilities, and carry a maximum penalty of a $22,000 fine, imprisonment for two years, or both.

'Knitting Nannas' Dominique Jacobs and Helen Kvelde challenged these laws, arguing that they did not uphold the implied freedom of political communication in the Commonwealth Constitution.

The court found that these new laws were not justified when protest activity caused people to be redirected or caused a facility to be partially closed. Therefore, those parts of the laws were deemed invalid.