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.
Submission to the Parliamentary Joint Committee on Human Rights Inquiry into Freedom of Speech in Australia - December 2016
As one of the most racially and ethnically diverse nations in the world an effective statutory protection against race hatred is an essential safeguard for national harmony. NSWCCL believes the main issue with s18C centres on the lack of clarity of its terms. NSWCCL recommends only those amendments necessary to bring the section in line with its interpretation in case law and/or Australia’s international human rights obligations
Submission to Parliamentary Joint Committee on Electoral Matters Inquiry into the Commonwealth Electoral Amendment Bill 2016 - February 2016
NSWCCL supports immediate reform of the distorted and undemocratic Senate electoral processes. We have urged this since the 2013 elections so dramatically illustrated the undemocratic processes and outcomes of this broken system.
NSWCCL supports the draft guidelines. They provide for satisfactory arrangements concerning the rights of providers of gametes or embryos, of the birth mothers and their partners, and of children who may be born as a result of the use of technology. We applaud the support for the autonomy of all involved, and their rights to ‘detailed, accurate, contemporary and relevant information’ concerning the procedures and concerning the legal and other consequences of their decisions.
Submission to PJCIS review of the Australian Citizenship Amendment Allegiance to Australia) Bill 2015 - July 2015
If enacted, the Bill would amend the Australian Citizenship Act 2007 (Cth) (“the Act”) in an untested and radical way. It presents a significant threat to the separation of powers and the rule of law. Indeed, the Bill is founded on a significant reconceptualisation of the relationship between the State and the citizen.