There is no demonstrated need to introduce a mandatory aggravating factor where the offender was under the influence of drugs or alcohol; The concept of vulnerability should not be expanded as proposed with a new definition; CCL highlights that mandatory sentences for offences committed under the influence of alcohol already in place in the Northern Territory appear to have been unsuccessful in reducing their incidence.
Submission to INSLM review of impact on journalists of section 35p of the ASIO Act 1979 - April 2015
The CCLs reaffirm their strong opposition to the concept of the SIO regime and argue for its repeal. The repeal of the s35P offences flows logically from this position. But even if the SIO is maintained (hopefully more tightly defined and with stronger safeguards), the 5 CCLs would argue for the repeal of s35P offences as unnecessary, draconian and dangerous for our democratic well-being.
The submission identifies a number of key issues in the Bill, including procedural fairness, the broad scope of the proposed legislation, and the potential negative implications for virtual private networks (VPNs), cloud storage providers, and whistleblowers. CCL has provided a number of recommendations addressing these concerns should the Bill continue to proceed through Parliament against CCL’s recommendation.
Submission to the Legal and Constitutional Affairs Legislation Committee's inquiry into the Migration Amendment (Strengthening Biometrics Integrity) Bill 2015 - April 2015
NSWCCL is concerned that the Bill does not contain essential safeguards to limit the collection and retention of additional biometric data, and that the Bill in its current form may disproportionately affect minors, incapable persons and asylum seekers because it removes the requirement for consent and presence of a parent, guardian or independent person for and during the collection of such biometric data.
Submission to PJCIS into the telecommunications (intercept and access) amendment (data retention) Bill 2014 - January 2015
It (mandatory data retention) would be a major negative step for a democracy. It will be a major intrusion every citizen’s right to privacy - including those not suspected of any unlawful activity. This will have major flow-on implications for other freedoms and democratic values. The combined CCLS consider it to be a step too far. We strongly oppose the policy concept and urge the Parliament to reject it.
Submission to the Legal and Constitutional Affairs Committee of the Australian Senate concerning the Migration and Maritime Powers Legislation Amendment (resolving the Asylum Legacy Caseload) Bill 2014 - November 2014
NSWCCL condemns the proposed amendments to the Legislation, as it is clear the changes intend to punish those who seek asylum from persecution, and who arrive in Australia by boat. In doing so, this Bill perpetuates the myth that asylum seekers who arrive by boat are ‘illegal’ and have no legal right to seek asylum.
Submission to the Legal and Constitutional Affairs Committee of the Australian Senate concerning the Migration Amendment (Character and Visa Cancellation Bill) 2014 - October 2014
The whole bill is so full of faults and poor proposals it should be rejected, the NSWCCL's recommendations are detailed in the submission.
Submission to PJCIS Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 - October 2014
Councils for civil liberties across Australia (New South Wales Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australia Council for Civil Liberties, Australian Council for Civil Liberties) have come together to make a joint submission on the Australian Government’s Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (the Bill).
Supplementary Submission to PJCIS Inquiry into the National Security Legislation Amendment Bill (No.1) 2014 - August 2014
Dr Lesley Lynch (NSWCCL Secretary) and Bill Rowlings (Civil Liberties Australia) gave testimony at the inquiry's public hearing on the 18th of August 2014. A supplementary submission was subsequently compiled offering more detailed comment regarding the discard of ministerial oversight of particular intelligence sharing between agencies
Submission to PJCIS Inquiry into the National Security Legislation Amendment Bill (No.1) 2014 - August 2014
The CCLs accept that ASIO and other intelligence and security organisations must have the powers and resources necessary for the protection of national security including protection against the very real threat of terrorist activity in Australia - consistent with democratic values. In our view, persuasive evidence has not been provided to justify some of the new or enhanced security powers being proposed in this Bill.