ASIO AND THE ARCHIVES ACT

(CM. 27.3.91)

That:
- the present position that ASIO records in the open access period (presently 30 years or more old) are available to public access, subject to ASIO's assessment as to whether security reasons require them to be withheld, should not be changed to exclude ASIO records from the Archives Act altogether;
- public access to ASIO records through the Archives Act is an important aspect of open government and ensuring that government agencies properly serve the public;
- the only change in the Archives Act which might be changed would be reducing the open access period from 30 years to a substantially shorter period.

BREASTFEEDING

(CM. 26/6/91)

That the Council supports the right of women to breast feed in public places.

CENSORSHIP - GULF CRISIS

ABC reporting of Gulf Crisis (CM. 30.1.91)

That, given the varied and contentious issues around the present international situation, we would view with extreme concern any attempt by any official body to stifle or prevent any broad discussion of the issues in public, or the use of any experts in that discussion.

COURTS

Publication of Artists' impressions of Court Proceedings (CM. 27.2.91)

That the making of sketches of persons in criminal and civil courts without the judge making an order to say that such identification should not be made does not constitute any breach of civil liberties.

CRIME

Criminal Records Bill 1991 (NSW) (CM. 27.3.91)

That:

• CCL calls for the extension of the scheme to cover convictions involving sentences of up to 30 months imprisonment, as applied in Britain, Commonwealth of Australia and Queensland legislation.
• CCL calls for the introduction of stepped expungement periods so that persons with lesser sentences may have the benefit of expungement before 10 years (eg. British scheme of 5, 7 and 10 years); and Legislation ensuring the expungement of arrest records for persons who are not charged be introduced.

Investigation of criminal offences - right to interpreter (CM. 24.07.91)

While the right to an interpreter (s.23N) is the only 'right'; not qualified by police powers to defer granting such rights (s.23L), the threshold test is too high. At present, a person only has a right to an interpreter when: An investigating official believes that a person under arrest ... is unable because of inadequate knowledge of the English language ... to communicate orally with reasonable fluency in that language. The notion of 'reasonableness'; should be removed and the right to an interpreter granted in all cases where the suspect is not completely fluent in English.

Cautioning Of Person Under Arrest (CM. 24.7.91)

All persons under arrest should be given notice of their rights in writing. For people not fluent in the English language, s23F of the Crimes Act should be amended so that:

• The qualifying word 'reasonable'; should be removed before a transaction is given; and
• The right to both a written notice of rights in their native language and an oral
  translation, should be placed in the legislation for non-English speakers.

Electronic Recording of Police Interviews with Suspects (CM. 30.1.91)

That the NSW Government introduce legislation setting out the rules for taping interviews in NSW, including the rights of persons being questioned to have access to legal advisers, friends, interpreters and medical treatment and that full consultation with interest groups take place prior to introduction.

Powers of Entry onto Property (CM. 28.8.91)

The Council calls upon the AG to refer to the NSW Law Reform Commission the issue of powers of non-police government officials to enter private property in order to consolidate the laws along the lines of the search warrant powers consolidation powers in the Search Warrants Act.

Regulatory Offences (CM. 24.7.91)

The CCL supports the adoption of a regulatory offences scheme in lieu of some criminal law offences which are now dealt with in the criminal courts. In such a scheme the alleged offender would have the alternative of paying a fine or going to court to challenge the grounds for the issue of the infringement notice, with civil methods only used to recover the money (ie. gaol not an option).

Such a scheme could apply, for example to distilling offences under the Distillation Act ss. 10, 12, 34, 73a, 74, 76 which carry penalties of up to $5,000. Many migrants fall foul of these prohibitions on distilling when they make their traditional spirits at home. Person charged under such provisions are dealt with in the commonwealth Local Court and can go on to appeal to the District Court.

ICAC

ICAC Act (NSW) and access to legal advice (CM. 25.9.91)

The NSW CCL calls for amendments to s.112 of the ICAC Act to guarantee that persons called before that organisation maintain their common law right to seek legal advice on all matters that concern them. The Council calls for the end to the power claimed by the ICAC to prohibit witnesses from seeking legal advice.

The CCL notes that the police and the courts do not have such a power.

POLICE

Volunteer Police (CM. 28.8.91)

The Council opposes the introduction of volunteer police in New South Wales. A full-time professional and trained police force - subject to Ombudsman and disciplinary procedures - is the only appropriate police force. There is no place for volunteer police in the inevitable
exercise of police powers of:

• Arrest
• Charge
• Detention
• Detention for questioning
• Entry onto property
• Search of persons and places
• Use of force
• Electronic surveillance
• Questioning of suspects
• Carrying and use of weapons
• Access to confidential information and criminal records

Cautioning of person under arrest (CM. 24.7.91)

All persons under arrest should be given notice of their rights in writing. For people not fluent in the English language, s23F of the Crimes Act should be amended so that:

• The qualifying word 'reasonable' should be removed before a transaction is given;
• The right to both a written notice of rights in their native language and an oral translation, should be placed in the legislation for non-English speakers.

POLITICAL ADVERTISING

CM. 27.03.91

That: there should be no ban on political advertising. The Council supports in principle aspects of the proposal which cover disclosure of donations we support the concept of truth In advertising relating to political advertising we would oppose any constraints on political advertising per se on community organisations or lobby groups.

CM. 26.6.91

That the Council opposes strongly the blanket prohibition on political advertisements by political parties and other groups at any time contained in the Political Broadcasts and Political Disclosures Bill 1991.