NSWCCL Submissions

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. 

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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).

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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.

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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.

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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.

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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.

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Submission: Free and Equal, Human Rights in Australia

A NSW Council for Civil Liberties Submission to the Australian Human Rights Commission’s Free and Equal: An Australian conversation on human rights project. This submission argues that human rights have not been respected in Australia, are not protected, and suggests some methods to improve human rights in Australia.

This submission intends to address the following questions from the Issues Paper:

2. How should human rights be protected in Australia?
3. What are the barriers to the protection of human rights in Australia?

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Australia's mass data retention regime under review

The PJCIS is reviewing the legislation that established the excessive mandatory data retention regime in 2015.

This review is happening at a timely moment as the Australian community ponders the implications of the extraordinary AFP raids on the ABC and a News Limited journalist a few weeks ago. We were not surprised at the AFP raids on the ABC and other journalists. These intimidatory raids are an inevitable consequence of  Australia's large expanding suite of surveillance and secrecy laws.

 

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NSWCCL submission to Productivity Commission on Mental Health

The Productivity Commission is currently conducting an inquiry into mental health. The NSW Council for Civil Liberties (CCL) submission to this inquiry is now online.

Our submission focuses on two issues. First, it addresses features of the justice system, and Aboriginal people with disabilities. It then turns to considering the social security systems, and how these contribute to mental health issues in Australia.

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Not a good day in parliament - encryption breaking powers legislated

Two needed bills abandoned -  one flawed and reckless bill waved though – a sad day in the Australian Parliament.

On Thursday, the last chaotic day of the Parliamentary session, the Prime Minister declared he would do all in his power to thwart the majority will of parliament.

His stated motive was to stop Parliament from passing legislation requiring the transfer of refugee children in need of medical care from Nauru to Australia for treatment. His deeper motive was to avoid his Government suffering a Parliamentary defeat on substantive legislation.  

He succeeded by filibustering in the Senate and when the Bill was eventually passed by a majority of senators, by closing down the House of Representatives so the Bill could not be considered there.

This was shameful – both in process and outcome.

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