The Inquiry is set to examine several key issues in relation to Australia’s youth justice and incarceration system, including the outcomes and impacts of youth incarceration, the over-incarceration of First Nations children, compliance with human rights standards in detention facilities, in addition to the intersection between Australia's international obligations regarding children's rights and enforceable national minimum standards for youth justice.

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.

The NSW Council of Civil Liberties and Scarlet Alliance, Australian Sex Workers Association submits that the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 fails to enhance the civil rights of the Australian public. Generative AI is an increasingly fast moving and adaptive technology. Any response to address the harm that can be caused through the abuse of this technology must be built on a holistic government approach, and not simply through increased criminal measures. Even where new criminal measures are enacted these must add to, and not cut across or confuse, the existing protection and legislative frameworks which already exist at federal, state and territory levels.

‘Prior good character’ is a factor that has long been relevant to the sentencing exercise in appropriate cases (cf Section 21A(3)(e) and (f) of the Act and the common law). Its application must be understood in the context of the sentencing task, and our submission commences with a brief survey of the nature of the sentencing task with a focus on general principles of particular relevance to this submission. The submission then turns to briefly state the law governing the operation of good character as a mitigating factor. Next, the submission sketches existing limitations on good character as a mitigating factor in sentencing. The final two sections contain NSWCCL’s assessment of the continued importance of good character as a mitigating factor in sentencing, and its consequent recommendations.

The advent of social media has had wide-ranging ramifications for Australian society. NSWCCL is particularly concerned about the corrosive effects that some social media content can have on the civil liberties that the Australian people deserve. Troublingly, this is a phenomenon which – due to its rapid development – is currently outpacing regulators. 

The default principle is that all Australians should have access to a wide array of information and ideas without restrictions unless there is good reason to limit this access. Not only is this principle an essential aspect of freedom of expression, it is also at the heart of Australia’s democratic ideal, in which people have access to the information and ideas that inform their vote. 

Australia is a party to the International Covenant on Economic, Social and Cultural Rightswhich provides that adequate housing is a human right. If climate change makes insurance for housing unaffordable or unavailable for more people, the fulfilment of this right is made even more difficult in the context of a housing system already in crisis.

Our governments, at all levels, need to act. The climate emergency is accelerating with breathtaking speed. The frightening frequency of climate-related disasters further validate the concerns of NSWCCL as we continue to advocate for more ambitious climate action.