NSWCCL Submissions

Migration Amendment (Clarification of Jurisdiction) Bill 2018

The NSW Council for Civil Liberties (NSWCCL) thanks the Legal and Constitutional Affairs Legislation Committee for its invitation to make a submission concerning the Migration Amendment (Clarification of Jurisdiction) Bill 2018.

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Legislative assault on civil society and public political discourse

NSWCCL worked with other councils for civil liberties through January and February to respond to the large, complex and alarming Espionage and Foreign Intervention Bill 2017 and the related Electoral Funding and Disclosure Reform Bill 2017.

These Bills are part of a major package of proposed legislation relating to national security and foreign intervention which also included three other bills: the Foreign Influence Transparency Scheme Bill 2017, the Security of Critical Infrastructure Bill 2017 and the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017.

These Bills encompassed much beyond foreign intervention and national security. They also encompass an extraordinary multi-faceted attack on civil society’s right to participate in public political discourse.

This attack included a massive expansion of national secrecy laws capturing not just public officials but also any person who makes an unauthorized disclosure of information covered by these laws. Journalists rightly protested that the secrecy laws effectively criminalised every phase of journalists work.    Charities and independent advocacy bodies like GetUp were targeted so as to undermine their participation in public political discourse.  Many of the offences carry very serious penalties – in the case of general secrecy offences more than doubling current penalties.

The PM rightly described this package as ‘the most important overhaul of our counterintelligence legislative framework since the 1970s’. It was therefore a disgrace that we were only given a few weeks to comment on them. Strong protests from civil society groups eventually gained an extension into mid/late February.  

Few organisations were able to respond to all the Bills in this timeframe. NSWCCL in conjunction with the Joint CCLs prepared submissions on the large and important Espionage and Foreign Intervention Bill 2017 and the Electoral Funding and Disclosure Reform Bill. We failed to get in a submission on the equally alarming Foreign Influence Transparency Scheme Bill 2017.

The reaction from civil society and the media – and the Law Council of Australia (LCA) - has been ferocious. The Attorney-General Christian Porter responded with a package of amendments to alleviate the impact of the secrecy offences on journalists.

This was a smart and positive move by the AG. His proposed amendments to his own Bill were in line with recommendations made by civil society and the LCA – however they are a long way from solving the very problems with these Bills.

The Parliamentary Committee on intelligence and security will report on the most significant of these Bills in April.  In the interim NSWCCL will do what it can to persuade  Parliament not to pass these Bills - and certainly not in their current form.  

 

Dr Lesley Lynch

Vice-President NSWCCL 

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Submission to PJSCEM Inquiry on Electoral Funding and Disclosure Bill 2018

NSWCCL recently joined with other CCLs to oppose the deeply disturbing Electoral Funding and Disclosure Reform Bill 2017.

This Bill will not deliver the reform to electoral funding that is urgently needed in Australia. It will however, deliver a devastating blow to civil society’s capacity to participate in political advocacy and to the broad freedom of political communication.  

In addition, it proposes a clumsy, heavy handed, costly and overly burdensome approach to regulation of the charity and political advocacy sectors. 

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Submission to PJCIS Inquiry into the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 - February 2018

NSWCCL worked with other councils for civil liberties through January and February to respond to the large, complex and alarming Espionage and Foreign Intervention Bill 2017 and the related Electoral Funding and Disclosure Reform Bill 2017. These Bills encompassed much beyond foreign intervention and national security. They also encompass an extraordinary multi-faceted attack on civil society’s right to participate in public political discourse.

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Submission to New South Wales Law Reform Commission: Review of Guardianship Act 1987 - February 2018

We acknowledge that persons without decision-making abilities, or a limitation thereof, are vulnerable members of society, and such persons should be supported to make decisions concerning crucial aspects of their lives in order to be afforded an opportunity to live as  comfortably and freely as others. Hence, insofar as the draft proposals of the New South Wales Law Reform Commission (‘NSWLRC’) on its review of the Guardianship Act 1987 (NSW) promote these individuals’ civil liberties in both the public and private domains, we support the proposed changes to the current arrangements existing under the Guardianship Act 1987 (NSW).

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Submission to NSW Joint Legislation Review Committee inquiry into Legislation Review Act - November 2017

The Legislation Review Committee (LRC) was created as an alternative to the adoption of a Bill of Rights for New South Wales. It has not functioned well, and is no substitute for such a  bill.

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NSWCCL Submission: NSW Sentencing Council Victims' Involvement in Sentencing

The NSW Council for Civil Liberties (CCL) welcomes the opportunity to respond to the Consultation Paper by the NSW Sentencing Council: Victims’ involvement in sentencing. (September 2017) (The Paper).

The Paper provides a useful summary of the range of issues around victims’ involvement in sentencing. CCL has focussed on responding briefly to questions relevant to the issues we regard as important from a civil liberties perspective. We have focussed on answers rather than reworking the arguments for various possible responses – as these are reasonably familiar and are well covered in the Paper.

We have not responded at this time to the questions relating to restorative justice but hope there may be a later opportunity to provide some input as to our views on this very important dimension.

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Submission: Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2017

For the reasons given in this submission, NSWCCL cannot support this Bill and recommends its rejection in its entirety.

In recent times, there has been an alarming extension of executive power and limitation in checks and balances, particularly in the area of immigration. This Bill reinforces the Minister’s powers to inflict harm. NSWCCL urges the Committee to consider the arguments in favour of beginning to reverse this distressing trend.

NSWCCL recommends that the Committee should carefully consider additional checks and balances on the Minister’s excessive powers to inflict harm and alternatives to the onerous restrictions currently imposed.

- NSWCCL Submission to Legal and Constitutional Affairs Committee of the Senate inquiry into the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2017

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National Integrity Commission -committee report equivocates

There is  widespread and  well argued community and expert support for a national body to expose  and prevent serious and systemic corruption within, and relating to, public administration (including the electoral process and parliament including MPs and their staff).

In April this year, NSWCCL joined others in arguing strongly for the immediate establishment of such a body to a Senate Select Committee specially established to consider (yet again..) this longstanding and increasingly urgent issue. (see earlier post

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Submission: Inquiry into the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2017

NSWCCL Calls on Commonwealth Government to Reform the Federal Custody Notification Service. The Custody Notification Service (CNS) is a legislative scheme requiring police to contact an Aboriginal legal service every time an Aboriginal person enters police custody. The scheme was designed and recommended by the Royal Commission into Aboriginal Deaths in Custody in 1991. Since its implementation in NSW around 17 years ago, the CNS has seen the rate of Aboriginal deaths in NSW Police custody plummet from around 18 per year, in the late 1980s, to zero for an unbroken period of over ten years.

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