The NSW Council for Civil Liberties (NSWCCL) welcomed the opportunity to make a submission to the Justice and Communities Committee in regard to the inquiry into Antisemitism in NSW. Our organisation is proudly non-sectarian, but within our managing committee there are Jewish, Muslim, Palestinian and Christian people, along with atheists. Our members share a deep commitment to the elimination of all forms of racism, including antisemitism. We believe that responding to antisemitism in our community must be evidence-based, which means it cannot be responded to in isolation of other forms of discrimination.

The NSWCCL is concerned that antisemitism has been weaponised by politicians and the media particularly over the past year. This is done through the incorrect and harmful conflation of Zionism and Judaism. While Judaism is a religion and an ethnicity, Zionism is a modern political movement to establish a Jewish homeland in Israel. Conflating legitimate criticism of Israel with antisemitism at a time when Israel is justifiably being criticised for failing to meet international human rights standards by
the International Court of Justice is dangerous. This not only stifles legitimate political discourse about foreign affairs but also treats Jewish people as having monolithic political beliefs, a view that is itself antisemitic.

The NSWCCL urges the government to shift drug policy to prioritise public health and harm reduction over criminalisation. Current laws have failed to stop drug use, creating illegal markets, wasting police resources, and disproportionately affecting groups such as First Nations peoples, LGBTIQA+ communities, and economically disadvantaged individuals.

NSWCCL supports decriminalising personal drug use, improving access to treatment, and ending harsh and violating policing practices like strip searches and drug detection dogs. Evidence shows decriminalisation reduces overall harm, making it easier for people to seek help without increasing drug use. Criminalisation, by contrast, pushes drug use underground, making it harder for users to access support and leaving many with criminal records that harm their future prospects.

First Nations peoples are especially impacted by over-policing and harsher treatment for minor drug offences. NSWCCL highlights how police discretion and reliance on fines exacerbate inequities, further disadvantaging marginalised groups. Criminalisation also contributes to organised crime, with profits from the black market contributing to violence and instability.

NSWCCL calls on the government to implement recommendations from the 2020 Ice Inquiry, including better coordination of drug policy, expanded treatment programs, and the removal of penalties for personal drug use. Protections for medical cannabis patients and an end to punitive policing at music festivals are also critical reforms.

In our submission NSWCCL raised concerns that criminal offences should remain a last resort given their impact on freedom of expression and the risk that police will use them to target people in discriminatory ways. 

The NSWCCL has highlighted the urgent need for a comprehensive regulatory framework to govern the use of AI by public sector entities in Australia. While AI offers significant benefits in improving efficiency and service delivery to the public, it also poses risks to privacy, fairness, transparency, and accountability. NSWCCL’s recommendations aim to achieve a balance of innovation with the protection of individual rights and the promotion of public trust.

In our submission NSWCCL calls for the age of criminal responsibility to be raised to 14 years old. This is essential in creating a fairer youth justice system. The incarceration of children under 14 is contrary to Australia's human rights obligations and international humanitarian law.

Children are harmed and traumatised by contact with the police, courts and prison. With evidence showing that incarcerating children leads to high recidivism rates, with nearly all children imprisoned between ages 10-12 reoffending as adults. This period of life is crucial in establishing pyscho-social support systems aimed at rehabilitation. 

Recent NSW statistics reveal significant legal actions against children under 14, predominantly for non-violent offences and disproportionately affecting First Nations communities. In the June quarter 2023, there were 812 young Australians aged between 10 and 17 in detention on an average night. 59% of them were First Nations
children and young people despite First Nations peoples making up 3.2% of the total Australian population. It is clear that incarceration and 'tough on crime' policies are not helping but rather contribute to exacerbating this disparity. One cannot speak of youth crime in a rural/regional NSW context without understanding the underlying racism of the justice system through the over-representation of First Nations children.

Resources should be devoted to reducing this over incarceration through Drug Court, Circle Sentencing, and through Justice Reinvestment where the underlying factors driving crime are addressed by investing in community-driven solutions and alternatives to incarceration.

We strongly assert that the decision to allow only seven working days for public submissions on such a critical and complex piece of legislation is incompatible with the principles of transparent governance.  This extremely short process will exclude many voices and undermines the democratic principles of participation and inclusion.

The NSWCCL supports increased regulatory powers for holding digital platforms accountable and transparent, and agrees with the Bill's overall intent, however, we stand with our civil society colleagues in recommending amendments to improve public transparency and to amend the industry code-making process to give the regulator the power to set industry standards.

NSWCCL has, for many years, maintained that Alcohol and Other Drug (AOD) use should be addressed as a health and social rather than a legal issue. It therefore advocates the transfer of powers relating to drug use from the criminal justice system to the health system.

The Council also supports the policy of harm minimisation, rather than zero tolerance, in treatment of the effects of AOD, and more equitable access to safe and appropriate AOD services, including for priority populations in the National AOD strategy such as young people, First Nations communities, people in contact with the criminal justice system, and LGBTQI+ people.

The New South Wales Council for Civil Liberties (NSWCCL) wholeheartedly supports the establishment of a Truth and Justice Commission to address injustices suffered by First Nations Peoples in Australia. The proposed Bill, currently before a Parliamentary Inquiry, represents a crucial step towards implementing the Uluru Statement from the Heart—a document NSWCCL endorses in full.

The Truth and Justice Commission, as outlined in the Bill, will have investigative powers to examine historic and ongoing injustices experienced by First Nations Peoples. Its primary aim is to provide recommendations to Parliament based on truth-telling about Australia's colonial history, paving the way for national reconciliation.  

The right to adequate housing as a fundamental human right is recognised under Australia’s international human rights obligations. All Australians should have access to adequate housing in fulfilment of their human rights. The human right to housing is also pivotal in ensuring the realisation of many other human rights.

NSWCCL supports the aims of the Bill which enshrines a human rights-based approach to housing in legislation. In Australia, the lack of a meaningful and well-informed national housing plan has undoubtedly contributed to the current housing crisis, placing millions of people under significant social and economic pressure. Home ownership affordability, an increasingly competitive rental market and stagnant public housing availability and poor housing accessibility for people living with disability are all by-products of this crisis.

The growing list of Alcohol Free Zones (AFZs) in Sydney has been a creeping imposition on the freedom of the community to use public space without any evidence that it achieves other positive public policy objectives.

Most parks around the CBD, Kings Cross and Redfern have been designated AFZs, as well as Martin Place, sections of The Rocks and Circular Quay. AFZs cover much of Darlinghurst, Surry Hills, Redfern, Waterloo, parts of Glebe and Newtown, main city roads, and roads around the casino. The City of Sydney has an extensive and effective Street Safety Camera program in which most public places are already monitored.