The Council for Civil Liberties (NSWCCL) thanks the Legal and Constitutional Committee (the Committee) for its invitation to make a submission concerning the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 (the bill). The bill is a modified version of a bill that was introduced in 2017 (the 2017 bill).
NSWCCL would like to speak further to these arguments when the bill is considered by the Committee.
This bill should be rejected.
If the bill is to proceed, it should limit the general power to search for and seize things to those which are intrinsically harmful, such as guns, knives and unprescribed narcotics. It should stipulate that items that do not present inherent risks to safety and security should only be prohibited to specified individuals where there is evidence that the person has used or is reasonably likely to use the item in a manner that presents clear risks to safety or security, and where those risks cannot be managed in a less restrictive way.
If the bill is to proceed, dogs should not be able to be used for searches in immigration detention centres.
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.
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.
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.
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?
In relation to the Amendment, it is submitted that: Avenues to commence actions in the Federal Court should remain open; The Federal Court is more suitable for hearing class actions than the Federal Circuit Court; The Federal Court is more suited to hearing significant migration appeals; The amendment is likely to affect human rights; There is concern about the complexity of the Migration Act provisions
Supplementary Submission relating to AG’s amendments to National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 - March 2018
Having examined the AG’s amendments, the CCLs maintain their initial view that they are significant steps in the right direction and improve some of the most dangerous aspects of the Bill. However, we also maintain our view that the problems with the secrecy offences go beyond the issues identified by the AG
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.
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).Read more
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.