28 June 2019
Poppers, also known as amyl nitrite, are inhalants. According to the Alcohol and Drug Foundation, they cause a high for about 2-3 minutes. They are also used to “enhance sexual experience”. Specifically, they are muscle relaxants, commonly used by gay men to facilitate anal sex. One study found that poppers were used among gay and bisexual men at a rate of 32 per cent in the last six months. Another study found that two thirds of gay and bisexual men had used it in their lifetimes.
In September last year, the Therapeutic Goods Administration (TGA), responsible for regulating drugs and medicine, released an interim report. The report proposed criminalising poppers, classifying alkyl nitrites as Schedule 9 under the Poisons Standard. This would make them the same sort of drug as heroin and cannabis. Possession of poppers could mean 12 months in jail, or a fine of $2200 under this proposal.Read more
The Productivity Commission is currently conducting an inquiry into mental health. The NSW Council for Civil Liberties (CCL) submission to this inquiry is now online.
Our submission focuses on two issues. First, it addresses features of the justice system, and Aboriginal people with disabilities. It then turns to considering the social security systems, and how these contribute to mental health issues in Australia.Read more
As the NSW state election approaches on March 23, and the federal election approaches in May, abortion law reform is finally on the political agenda. Most significantly, the Deputy Leader of the Opposition Tanya Plibersek announced the ALP’s National Sexual and Reproductive Health Strategy. Part of this Strategy will include tying federal health funding of public hospitals to their provision of abortion services. The effect of this will be to place significant pressure on states like NSW, where abortion is currently illegal, to provide abortion services in public hospitals. Labor has said it intends to “work closely with the states” to progress decriminalising abortion across Australia.
Queensland decriminalised abortion in October 2018. NSW is currently the only state or territory in Australia where abortion is a criminal offence. There are restrictions on when abortion is legal in other states and territories, including varying conditions on gaining the approval of doctors.Read more
On Wednesday 27 February, at about 4 pm, the Queensland State Parliament passed its Human Rights Bill into law, by a series of vote 49 to 43. There are now three individual human rights acts in Australia: one in Queensland, one in Victoria, and one in the Australian Capital Territory.
The three acts operate in broadly similar ways. They require courts and tribunals to interpret legislation in a way consistent with human rights, except where doing so would be inconsistent with the purpose or plain meaning of the legislation. If the Supreme Court is asked to find whether a particular law or statute is incompatible with human rights, declaring that there is an incompatibility does not result in the law being struck down. The declaration simply means that the relevant Minister or Attorney General has to table a written response to this declaration in parliament. These declarations have been further defanged in Queensland and Victoria, whose human rights acts provide for their parliaments issuing override declarations. Where these are made, the human rights acts have no bearing in relation to the relevant provisions or legislation.Read more
NSW Council for Civil Liberties celebrates the 70th anniversary of the Universal Declaration of Human Rights
Today marks the 70th anniversary of the Universal Declaration of Human Rights. Due to the historic vote on 10 December 1948, today is known as Human Rights Day.
President of the New South Wales Council for Civil Liberties (CCL) Pauline Wright said, “The Universal Declaration of Human Rights was a seminal declaration by countries across the world, that human rights are fundamental, intrinsic, and inalienable. Nations across the globe saw the horrors of World War II, and determined to establish a new world order, based on respect for political, civil, social, economic and cultural rights.”Read more
On the use of sniffer dogs, and unacceptably broad police powers of exclusion at Sydney Olympic Park
NSW Council for Civil Liberties (CCL) has condemned the six-month bans handed out to patrons of the Above and Beyond music festival, on the basis of identification by drug sniffer dogs. NSW Police announced before the event that they would exclude patrons, regardless of whether any drugs were found after indications by the drug dogs.
CCL is deeply concerned by these bans. According to the NSW Ombudsman, when drug dogs indicate a person has drugs on them, those dogs are right about a quarter of the time. NSW Police have reportedly ripped up the tickets of people just because they were identified by drug dogs, even when no drugs were found. In effect, the police have declared a willingness to infringe on the rights of people who have done nothing wrong.Read more