NSWCCL Submissions

Concerning additions to census collection topics

NSWCCL provided a submission to the Australian Treasury on the Census and Statistics Amendment (Statistical Information) Regulations 2019 (Regs) amending the Census and Statistics Regulation 2016. This amendment makes significant and concerning changes to the regulation which we oppose on privacy grounds.

Whilst NSWCCL supports the updating of the statistical information topics for inclusion in the census we oppose mandatory collection of sensitive health information and its storage for 4 years by the Australian Bureau of Statistics (ABS).

Read more

Submission: free and equal, a conversation on human rights

NSWCCL has endorsed the Human Rights for NSW Alliance's submission to the Australian Human Rights Commission's national conversation on human rights in Australia - Free and Equal. The submission makes a number of recommendations and builds the case for a Human Rights Act in NSW. 

NSWCCL is a founding member of Human Rights for NSW Alliance. Human Rights for NSW is an alliance of community, legal, rights-based and civil society organisations campaigning to ensure that the human rights of NSW citizens are expressed and guaranteed by law so we are all treated fairly, and with dignity, equality and respect.

This submission is endorsed by 33 member organisations, including Australian Lawyers for Human Rights, Human Rights Law Centre, Community Legal Centres NSW, Public Interest Advocacy Centre, Aboriginal Legal Service NSW/ACT and the NSW Bar Association. 

Everyone in NSW deserves to be treated fairly and equally. NSWCCL supports the campaign for a Human Rights Act for NSW.

View submission


 

 


NSW mobile phone detection bill seriously flawed

A NSW Parliamentary Committee has recommended the Legislative Council should proceed to consider the Transport Amendment (Mobile Phone Detection) Bill 2019, including any amendments in relation to the reverse onus of proof, the use of artificial intelligence and privacy.

NSWCCL agrees strongly that mobile phone use whilst driving is a serious issue which needs to be addressed to protect the safety of the community.

We do not, however, support this Bill on the basis that it unjustifiably reverses the onus of proof and fails to provide adequate protections to assure the public that the information captured by the cameras is used for the sole purpose of prosecuting mobile phone offences.

NSWCCL also has concerns about the inherent risks of using AI to identify criminal behaviour given the lack of transparency as to the underpinning algorithms driving the assessment.

We welcome the Committee’s recognition of these concerns in their report and single recommendation.

The Bill should be amended significantly to address these problems before the Legislative Council approves it.                                                   

Read more

Submission: Religious Discrimination Bills 2019

NSWCCL opposes many aspects of the proposed Religious Discrimination Bill, most significantly the over-privileging of religious rights in relation to all other rights.  It has too many negative aspects which will undermine current anti-discrimination protections, and in its present form, the Bill fails to address pressing issues.

It is clearly important for Australia’s discrimination laws to work cohesively together and for no one right to be automatically privileged over another/others.  The protection and balancing of human rights would be greatly assisted by the adoption of an Australian Charter of Human Rights and by a review of Australia’s state and federal human rights laws to ensure the appropriate coherence and consistency. The current Review by the Australian Law Reform Commission into The Framework of Religious Exemptions in Anti-Discrimination Legislation will contribute to this from the perspective of religious rights - but the broader exercise is necessary.

One of the major disappointments with this Bill is the failure to include much needed and explicitly promised protections for LGBTQI+ students in religious and private schools. This Bill has been hastily drawn up in advance of the report from the inquiry into The Framework of Religious Exemptions in Anti-Discrimination Legislation under way by the ALRC,  but one of the most urgent and disturbing manifestations of inappropriate religious exemptions for otherwise unlawful discriminatory acts against children has deliberately not been addressed in the Bill and instead left to the ALRC review. Simultaneously the reporting date for the ALRC review has been pushed back to December 2020.

View submission


Submission: Health Legislation Amendment (Data Matching) Bill 2019

The New South Wales Council of Civil Liberties (NSWCCL) welcomes the opportunity to make submissions to the Department of Health on the Health Legislation Amendment (Data- matching) Bill 2019 (Bill) and the Health Legislation Amendment (Permitted Information Disclosure) Regulations 2019.

NSWCCL supports the integrity of the Medicare health payments system provided that appropriate safeguards are in place to protect sensitive information and the privacy of Australians is respected.

NSWCCL objects to the sharing of sensitive health information with other Commonwealth entities and opposes the Bill in its current form. NSWCCL has a number of recommendations detailed in this submission. 

View submission


Submission: Right to Farm Bill 2019

CCL is concerned by what would appear to be a crackdownagainst free speech and basic principles of democratic governance.

The proposed legislation is draconian and disproportionate and might be said to infringe at least two of the four core principles of criminal law

  • that the criminal law should only be used to censure people who have committed substantial wrongdoing, and
  • that laws be enforced with respect for proportionality.

This bill appears to be designed to discourage lawful demonstrations and protest contrary to the implied constitutional right to peaceful protest and its constitutionality is for that reason questionable.

NSW Council for Civil Liberties (CCL) joins with a number of other civil society organisations including unions, environment groups and civil liberties advocates in making the additional submission (set out in Annexure A).

View submission


Submission: Migration Amendment (Repairing Medical Transfers) Bill 2019

The New South Wales Council for Civil Liberties (NSWCCL) thanks the Legal and Constitutional Affairs Legislation Committee for its invitation to make a submission concerning the Migration Amendment (Repairing Medical Transfers) Bill 2019. 

Recommendation: All three proposals under the Bill should be condemned, and the Bill itself should not be passed.

View submission

Read more

Submission: Inquiry into the Reproductive Health Care Reform Bill 2019

The NSW Council for Civil Liberties welcomes the opportunity to make a submission to the NSW Parliament Standing Committee on Social Issues inquiry into the Reproductive Health Care Reform Bill 2019.

The passage of the Reproductive Health Care Reform Bill 2019 through the NSW Legislative Assembly with a vote of 59 to 31 is a long awaited, historic moment for NSW women and the NSW Parliament. We are hopeful this will be followed by the its passage through the Legislative Council without amendment leading to the removal of abortion from the criminal law in NSW.

View submission


Submission: Regional Processing Cohort Bill 2019 - August 2019

The Bill proposes to ban permanently from Australia any person who entered Australia as an unauthorised maritime arrival after 19 July 2013, was transferred to the Republic of Nauru (Nauru) or Papua New Guinea (PNG) for “regional processing”, and was at least 18 years of age at the time of their first (or only) transfer (the Cohort). Such people were forcibly transferred to Nauru or PNG against their will, detained indefinitely, and subjected to serious human rights violations after their transfer.

Recommendation: The Bill should be rejected.

View submission

Read more

Submission: Criminal Code Amendment (Agricultural Protection) Bill 2019

The Bill responds to a series of political protests that occurred around Australia in April 2019 in which activists sought to draw attention to the legitimate political issue of animal cruelty and the slaughter of animals for human consumption. The protests involved a series of conventional street rallies and less conventional ‘sits-ins’ that saw animal rights activists trespass upon and briefly occupy private property used for the slaughter of animals.

The NSWCCL is proud that Australia has, recently, become an international leader in protecting freedom of speech and expression. To remain at the forefront of these issues, the Commonwealth should not proceed with these reactionary laws.

View Submission