Submission to the inquiry into the Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012 - December 2012
NSWCCL supports Australia’s continuing commitment to international human rights instruments, and regards the consolidation of legislation within this Bill as an attempt to meet such obligations. NSWCCL notes that the operation of the legislation will allow exceptions within areas such as social security, migration and marriage policy. Discrimination in these areas is as arbitrary as anywhere else. NSWCCL opposes these exceptions.
Submission in relation to the Inquiry into the Migration and Security Legislation Amendment (Review of Security Assessments) Bill 2012 - December 2012
The Migration and Security Legislation Amendment (Review of Security Assessments) Bill 2012 addresses numerous voids in the current system in operation with regard to refugees classed as representing an adverse security risk. Most importantly, it is submitted that the Bill should clearly provide that detention of citizens and non-citizens alike should not be permissible solely on the basis of being issued an adverse security assessment.
Submission in relation to the Inquiry into the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 - December 2012
The New South Wales Council for Civil Liberties has lodged with the Senate Legal and Constitutional Affairs Committee a submission vehemently opposing the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill.
The NSWCCL thanks the Independent National Security Legislation Monitor (INSLM) for the invitation to make this submission.
Submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding data retention and certificates of immunity for ASIO officers and their contacts - October 2012
In this submission, NSWCCL addresses the following points:
- Opposing blanket data retention of all Australian's telecommunications metadata
- Response to police submissions concerning possible seeking of additional powers
- Opposing the proposal that ASIO officers be granted certificates of immunity from civil and criminal liability
Although terrorism has been a problem for hundreds of years, the Twin Towers attack in New York and the London and Bali bombings led to the passage of a great deal of legislation which might have been justified if the problem, like a war, could be expected to be concluded in a few years. However, it is plain—indeed, it was always plain— that terrorism is not going away. It is time to consider which of the laws we have passed should be kept, which modified, and which should be repealed.
The NSW Council for Civil Liberties reiterates its opposition to any significant changes to the existing partial defence in the absence of a compelling case to the contrary.
Submission to the Wollongong City Council concerning the draft CCTV Program - Code of Practice (the draft Code) - October 2012
NSWCCL expresses concerns that the draft code introduces "unjustified invasions of privacy". We commend the Council on its proposal for a proposed CCTV Camera Program Evaluation Committee for further review of the draft code.
Submission to the Criminal Law Review at the Department of Attorney General and Justice regarding the Inquiry into the right to silence of an accused person - September 2012
The proposed bill will abolish the right of an accused person to decline to answer questions by police without any adverse inferences being drawn in a subsequent trial by the prosecution or the court. To propose that silence implies guilt or prevarications is irrational and contrary to the fundamental principle of the presumption of innocence.
Submission to the Joint Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding the Inquiry into potential reforms of the National Security Legislation - August 2012
NSWCCL accepts the argument that there is a need to update and rework the relevant legislation in light of technological advances and successive amendments. However, neither of these drivers, in themselves, provides justification for an extension of powers or reduction in accountability for intelligence and law enforcement agencies, nor for the further erosion of individual privacy, civil liberties and democratic values.