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.
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.
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
Submission to the Legal and Constitutional Committee of the Senate concerning the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 - July 2017
The Bill would create a class of permanent residents who are denied recognition as citizens. This cannot be to the benefit of Australian society. The extended powers create a high risk that they will, by error or design, be subject to misuse and the creation of unfairness. No Minister should have such unfettered powers.
CCL supports a statutory prohibition at Commonwealth level of the non-consensual sharing of intimate images. Harm, humiliation and harassment of victims, through the actual or threat of non-consensual sharing of such images, has led to suicide in some cases.
Submission to The Senate Legal and Constitutional Affairs Legislation Committee Inquiry into the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2017 - June 2017
a consequence of the proposed legislation is that Aboriginal people will forego access to legal advice and/or a prisoner’s friend in custody. Access to fair trial rights such as the right to silence and the privilege against self-incrimination will be severely restricted, with the effect of unfairly incriminating Aboriginal people. Such a law will almost certainly increase the over-representation of Aboriginal people in prison.
It is from a public good perspective that NSWCCL supports the establishment of a broad based National Integrity Commission (NIC) as necessary for stronger and more effective anti-corruption action at the national level.
For the retention and use of metadata to be justified, it must be beneficial and proportionate to the benefit. In our view, it is not necessary for the reduction of terrorism and other serious crimes, let alone the far less serious issue of civil litigation. We reiterate our view that the current metadata scheme is an affront to civil liberties and oppose its extension into civil proceedings.