On 20 August, NSWCCL made a submission to the Senate Legal and Constitutional Affairs Legislation Committee in regard to the Inquiry into the Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019 (Constitutional Alteration).

The NSWCCL endorses wholeheartedly the proposed Constitutional Alteration which aims to enshrine the right of freedom of expression, including freedom of the press and other media, in the Constitution. This will be achieved by inserting a new Chapter IIIA and section 80A in the Commonwealth of Australia Constitution Act 1900.

More information:

• The inquiry website, with all submissions 
• The NSWCCL submission as published on the inquiry website

On 16 July 2021, the NSW Council for Civil Liberties made a submission to the Digital Transformation Agency (DTA) in regard to the public consultation on the Digital Identity Legislation Position Paper.

NSWCCL welcomes the codification of the DIS which will embed privacy safeguards in primary legislation not in a subordinate instrument. The DIS claims to include a number of privacy features. The effect and success of which will be known once the draft legislation is introduced. 1 Such features include voluntary participation, no single identifier, express consent and Privacy Impact Assessments (PIA) for accreditation. Despite these provisions, there are clear weaknesses. The rules, for example, will allow for the PIA to be conducted by an assessor from within the same entity as the applicant; hardly independent.

More information:

• Digital Identity Legislation Position Paper
• Australia's Digital Identity Legislation - consultation site
• Our full submission

NSWCCL has made a submission to the Parliamentary Joint Committee on Intelligence and Security's Review of the Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020.  

If passed, this bill would cripple the ability of litigants to have access to information that is critical for their cases for retaining a visa, becoming citizens or retaining their citizenship. While it protects the constitutionally guaranteed powers of the High Court, the Federal Court and the Federal Circuit Court to know whatever information is relevant to their reviews of ministerial decisions, it would prevent other courts and other bodies from having such access. And vitally, it not only would allow protected information to be concealed from litigants and their counsel, it would allow them to be denied even the information that such information exists. In effect, only the Minister could use the information in court. This is unacceptable. It is contrary to Australia’s international obligations. But most importantly, it is a severe intrusion on the rights of a person to a fair hearing. It overturns the basic legal principle of equality before the law.

NSWCCL made a submission to the NSW Department of Communities and Justice Inquiry into the Privacy and Personal Information Protection Amendment Bill 2021.

This Bill

1. proposes the creation of a mandatory notification of data breach scheme
2. would extend the Act to include NSW State-Owned Corporations that are not already regulated by the Privacy Act 1988 (Cth)

NSWCCL made a submission to the Office of the Australian Information Commissioner's National Health (Privacy) Rules 2018 review 

The New South Wales Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the NSW Legislative Council Regulation Committee Inquiry into Environmental Planning Instruments (SEPPs).

NSWCCL makes this submission for a number of key reasons:

a. To ensure that adequate safeguards are in place for the creation of SEPPs in recognition that parliament is the supreme law making body in the state;

b. In recognition that the climate change poses a significant and increasing threat to the ability for citizens’ and others residents’ civil liberties and human rights, and that any decisions made which concern the environment should be appreciative of the adverse effects of climate change; and,

c. In recognition that First Nations communities voices should be recognised and afforded significant weight in the development of environmental and planning policy.

NSWCCL made a Submission to this Inquiry. 

Executive Summary:

1. The New South Wales Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the Education Committee concerning the Education Legislation Amendment (Parental Rights) Bill 2020 (“The Bill”). 
2. NSWCCL considers that the Bill should not be passed. Not a single aspect of the Bill improves upon the law as it currently stands in NSW. Moreover, the Bill is an appalling contribution to public debate and education policy in this State.
3. In this submission, NSWCCL will argue that the Bill should not be passed for the following compelling reasons. The Bill:
   a. is plainly bigoted, discriminatory and cruel;
   b. is likely unconstitutional;
   c. is injurious to fundamental human rights, including freedom of expression;
   d. would harm education in NSW;
   e. is unnecessary; and
   f. violates the principle of coherence.
4. This is a remarkable combination of defects. Residents of NSW deserve better from their lawmakers.
5. We are happy to expand upon our submission if invited to provide evidence before the Committee.

Recommendation 1: NSWCCL recommends that the Committee and the NSW Parliament reject the Education Legislation Amendment (Parental Rights) Bill 2020 in its entirety.

More information: 

• Our submission
• Transcript of our appearance before the Inquiry. 

NSWCCL made a submission to the Legal and Constitutional Affairs Committee Inquiry into the Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020 [Provisions].

If passed, this bill would cripple the ability of litigants to have access to information that is critical for their cases for retaining a visa, becoming citizens or retaining their citizenship.

While it protects the constitutionally guaranteed powers of the High Court, the Federal Court and the Federal Circuit Court to know whatever information is relevant to their reviews of ministerial decisions, it would prevent other courts and other bodies from having such access. And vitally, it not only would allow what it defines as ‘Protected Information’ to be concealed from litigants and their counsel, it would allow them to be denied even the information that such information exists. In effect, only the Minister could use the information in court.

This is unacceptable. It is contrary to Australia’s international obligations. But most importantly, it is a severe intrusion on the rights of a person to a fair hearing. It overturns the basic legal principle of equality before the law.

More information: read our full submission