Catch-22 for refugee
According to coverage by the Guardian, a refugee who has lived in Bris for a decade, with permanent residency, was given five days to respond to notice of intent to cancel his visa. The issue? He was required to document his identity for his citizenship application, but there's no reliable way to do so.
We have written to the Minister for Immigration, Alex Hawke, for clarification - we hope to hear that the man's citizenship application has been accepted.
NSW's Public Health Order and our right to avoid self incrimination
Update 11 Oct '21: The information we received following our GIPA requested was reassuring. However, we remain concerned: in the context of a public health emergency, it's vital that people do not fear any repercussions for telling the truth if this might incriminate them. We wrote again to the Commissioner noting that Police appear to have exercised restraint but also noting our ongoing concerns. We called for:
- The Public Health Orders to be amended to include a derivative use immunity to protect people who provide information or evidence to Police in the course of their enforcing the Public health Orders.
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Confirmation that information transferred to another agency because it is ‘necessary to do so for the purposes of protecting the health or welfare of members of the public during the COVID‐19 pandemic’ would not include information transferred to Police with the purpose of issuing a Penalty Infringement Notice or Court Attendance Notice.
Update 23 Aug '21: the Police Commissioner has responded to our letter, suggesting that we make a GIPA request for the information we requested, so that's what we've done. Stay tuned for the outcome.
NSWCCL is investigating concerns that a recent health order appears to remove our common law privilege against self-incrimination. We have written to the Police Commissioner to seek more information about what's happening on the ground in order to develop our response.
The health order
Our concerns relate to Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order 2021 as amended to commence at 5pm on 7 August 2021, made by Minister Hazzard under s. 7 of the Public Health Act 2010 (PHA).
Read moreConcerns remain over incarcerated people's wellbeing during the pandemic
In June 2020, NSWCCL raised concerns about the physical safety of people in prison during the pandemic, given the difficulty of social distancing within a prison environment.
While it is reassuring that, to date, the number of COVID-19 cases in custodial settings has been limited, we remain concerned.
Firstly, we have ongoing concerns about inmate safety and the risk of rapid transmission of COVID should it make its way into prisons. For example, it has been reported to us that in a wing of about 200 at Cessnock, there is no social distancing, inmates do not wear masks, inmates remain unvaccinated and jabs have not been offered to some inmates.
Read morePolice must not obstruct Legal Observers
Recent incidents in Sydney indicate that NSW Police don't uniformly understand and respect the role of Legal Observers - that must change.
Police have obstructed Legal Observers; instructed them to direct protestors; directed one to stop filming; and questioned their presence at a protest.
In the absence of any police misconduct, police should have no concerns regarding the presence of Legal Observers or their recording of events.
The Government must not use charity crackdown to silence dissent
The NSWCCL is calling for the disallowance of proposed regulations could that could prevent charities from engaging in important advocacy work.
The regulations would allow the Australian Charities and Not-for-profits Commission (ACNC) to deregister an organisation if it “reasonably believes” its members are likely to commit a summary offence.
We echo concerns expressed by many charities that the regulations could empower the regulator to deregister a charity for attending or promoting protests where minor offences are committed without the charity's knowledge or involvement.
Read moreTranslators in Afghanistan: the Government must act now
The NSW Council for Civil Liberties wrote to Senator Marise Payne today calling for urgent action to rescue people employed by Australia in Afghanistan now, without long delays checking on health, security and character.
Comments from our Government that those working through subcontractors are not eligible, or that the Government is following rules drawn up by the previous Labour government, are deeply disturbing.
It's time for action, not political point scoring.
NSWCCL calls on NSW Government to implement Ice Inquiry recommendations
Nearly 18 months after the 'Ice' Inquiry recommended decriminalisation, diversion, and a whole-of-government approach, the NSW Government's Final Response is missing in action.
Meanwhile, community support for a health and education based approach is growing: the 2019 National Drug Strategy Household Survey showed that 57% of Australians supported pill testing, while the most common action supported for people in possession of drugs including amphetamines was ‘referral to treatment or an education program’.
The NSWCCL urges the Government to publish its Final Response as a matter of urgency and to reconsider its opposition to measures that focus on health outcomes. It is time to fundamentally rethink our current approach to drug policy to better reflect our society’s values and expectations. We need an evidence- based approach that prioritises health and education and supports, rather than stigmatising, those affected by drug use.
For more: read our letter to the NSW Attorney General
Letter: Bring Julian Assange home
Though he is not convicted of any offence under UK law, Julian Assange continues to be held as a prisoner in the same conditions as convicted murderers. His mental and physical health have been seriously compromised.
The NSW Council for Civil Liberties has written to the Prime Minister calling on the Australian Government to bring home Julian Assange and exert its diplomatic influence to end his unjust prosecution.
Similar letters were sent to the Leader of the Opposition and the Parliamentary Friends of the Bring Julian Assange Home Group.
Read moreThe pursuit of Assange - politically motivated and unjust
NSWCCL recently joined other organisations and individuals in reaffirming our support for Julian Assange in the context of his fight against extradition to the USA. We spoke at the Assange rally in Sydney in February and subsequently sent a public letter to the Prime Minister urging the Australian Government to take effective action to support Assange in his fight against extradition and assist his return to Australia.
Assange’s situation is desperate and dangerous. His mental and physical health have been seriously compromised. He is imprisoned in a London gaol with limited capacity to communicate with his legal team. If he is extradited to the USA, he will face charges which will expose him to a likely outcome of life imprisonment in a high security gaol.
The relentless pursuit of Julian Assange over the last decade has been politically motivated, cruel and unjustifiable. In our view he has not engaged in criminal activity. Assange and wikileaks published truthful information about shocking and wrongful activities - including war crimes - which had been kept secret.
Read moreStatement: Parliament debates abortion law reform
The push for abortion law reform in NSW takes another step tomorrow (Thursday 11/05/17). The Legislative Council will debate and vote on the Abortion Law Reform Bill introduced by Greens MLC Mehreen Faruqi. ALP members will have a conscience vote- and there is just a chance that it might get passed in the Council.
This would be a significant step in NSW –even though it is unlikely that it will get majority support in the current lower house.
NSWCCL has publicly supported the Bill. Yesterday we wrote to all members of the NSW Parliament urging them to give this Bill proper and positive consideration and to support its passage through Parliament so that matters relating to abortion in NSW are treated primarily as a health rather than a criminal matter.
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