Today, the High Court has handed down its decision in Ravbar & Anor v Commonwealth of Australia & ORS [2025], otherwise known as the case testing the legality of the CFMEU administration. The High Court found the Fair Work (Registered Organisations) Amendment (Administration) Act 2024 is constitutionally valid. 

The NSW Council for Civil Liberties (NSWCCL) remains seriously concerned about the administration and its implications for all member-based civil society organisations, unions, and registered clubs. Last year, the Commonwealth removed democratic control of the CFMEU by its members on the basis of what were at the time, untested allegations. The findings of the High Court do not negate that the CFMEU was placed into administration without, at the time the legislation was passed, any proven allegations of wrongdoing. The appropriate response from the government should have been to test the allegations against CFMEU officials and delegates in court, and if proven, sought the removal of the officials. This process was circumvented when administration was imposed by parliament, and went against the essential democratic principles of innocence until proven guilty, due process and freedom of association. The administration legislation may now operate as a legal model for the takeover of other unions and other member-based civil society organisations in the future. 

Over the past twelve months there has been a worrying trend of state overreach by the federal Labor Government, which threatens to undermine the rule of law, including through the passing of the Administration Act and the introductions of mandatory minimum sentencing late last year. The NSWCCL maintains that everyone has the right to natural justice and procedural fairness, regardless of the allegations they face. 

The independence of membership-based organisations across Australia must be protected and Australia must uphold its obligations under the International Labour Organisation, namely Articles 3 and 4 of the Freedom of Association and Protection of the Right to Organise Convention, 1948.

The NSW Council for Civil Liberties (NSWCCL) welcomed the opportunity to make a submission to the Justice and Communities Committee in regard to the inquiry into Antisemitism in NSW. Our organisation is proudly non-sectarian, but within our managing committee there are Jewish, Muslim, Palestinian and Christian people, along with atheists. Our members share a deep commitment to the elimination of all forms of racism, including antisemitism. We believe that responding to antisemitism in our community must be evidence-based, which means it cannot be responded to in isolation of other forms of discrimination.

The NSWCCL is concerned that antisemitism has been weaponised by politicians and the media particularly over the past year. This is done through the incorrect and harmful conflation of Zionism and Judaism. While Judaism is a religion and an ethnicity, Zionism is a modern political movement to establish a Jewish homeland in Israel. Conflating legitimate criticism of Israel with antisemitism at a time when Israel is justifiably being criticised for failing to meet international human rights standards by
the International Court of Justice is dangerous. This not only stifles legitimate political discourse about foreign affairs but also treats Jewish people as having monolithic political beliefs, a view that is itself antisemitic.

Recently the NSW Government has proposed a new set of laws which include: 

• Up to 2 years in jail for intentionally inciting racial hatred.
• Increased penalties for nazi symbols near synagogues
• Up to 2 years in prison for blocking/harassing at places of worship
• Expanded Hate Crime Definitions

While some believe these updates address the recent wave of antisemitic attacks in Sydney, others have criticised it as a kneejerk reaction which does not address the root issues.

NSW Premier Chris Minns has come under criticism as he has continued to call for the limiting of protest rights in NSW. Recently Amnesty International Australia have criticised his calls to ban Palestine protests outside places of worship.

This call first came from Jillian Segal, the Antisemitism special envoy appointed by Prime Minister Anthony Albanese who described the Palestine rallies as "intimidatory".

After the Adass Israel synagogue was firebombed, Anthony Albanese said he “cannot conceive of any reason, apart from creating division in our community, of why someone would want to hold a demonstration outside a place of worship”.

In response to this a variety of individuals and groups have criticised this statement, such as survivors of clergy abuse.

Within the last financial year Queensland has had the highest number of deaths in custody in the past two decades, 19, as revealed by the Australian Institute of Criminology's latest Deaths in Custody report.

This report further highlighted 5 Indiginous deaths in custody, the highest in Australia, equal with WA, with half of the deaths being suicides. Queensland also led the nation in deaths in police custody this year, with eight fatalities.

The NSWCCL urges the government to shift drug policy to prioritise public health and harm reduction over criminalisation. Current laws have failed to stop drug use, creating illegal markets, wasting police resources, and disproportionately affecting groups such as First Nations peoples, LGBTIQA+ communities, and economically disadvantaged individuals.

NSWCCL supports decriminalising personal drug use, improving access to treatment, and ending harsh and violating policing practices like strip searches and drug detection dogs. Evidence shows decriminalisation reduces overall harm, making it easier for people to seek help without increasing drug use. Criminalisation, by contrast, pushes drug use underground, making it harder for users to access support and leaving many with criminal records that harm their future prospects.

First Nations peoples are especially impacted by over-policing and harsher treatment for minor drug offences. NSWCCL highlights how police discretion and reliance on fines exacerbate inequities, further disadvantaging marginalised groups. Criminalisation also contributes to organised crime, with profits from the black market contributing to violence and instability.

NSWCCL calls on the government to implement recommendations from the 2020 Ice Inquiry, including better coordination of drug policy, expanded treatment programs, and the removal of penalties for personal drug use. Protections for medical cannabis patients and an end to punitive policing at music festivals are also critical reforms.

In our submission NSWCCL raised concerns that criminal offences should remain a last resort given their impact on freedom of expression and the risk that police will use them to target people in discriminatory ways. 

The NSW Minns Government has released a media statement  today indicating that they wish to amend section 213 of the Crimes Act to insert a 200-penalty unit offence that will double the fines for blocking railways from $11,000 to $22,000.

The NSW Council for Civil Liberties opposes these draconian laws which continue the Minns Government’s unacceptable attack on the People of NSW’s right to protest. These laws have created a chilling effect on civil movements and social progress. 

The NSWCCL has highlighted the urgent need for a comprehensive regulatory framework to govern the use of AI by public sector entities in Australia. While AI offers significant benefits in improving efficiency and service delivery to the public, it also poses risks to privacy, fairness, transparency, and accountability. NSWCCL’s recommendations aim to achieve a balance of innovation with the protection of individual rights and the promotion of public trust.

In our submission NSWCCL calls for the age of criminal responsibility to be raised to 14 years old. This is essential in creating a fairer youth justice system. The incarceration of children under 14 is contrary to Australia's human rights obligations and international humanitarian law.

Children are harmed and traumatised by contact with the police, courts and prison. With evidence showing that incarcerating children leads to high recidivism rates, with nearly all children imprisoned between ages 10-12 reoffending as adults. This period of life is crucial in establishing pyscho-social support systems aimed at rehabilitation. 

Recent NSW statistics reveal significant legal actions against children under 14, predominantly for non-violent offences and disproportionately affecting First Nations communities. In the June quarter 2023, there were 812 young Australians aged between 10 and 17 in detention on an average night. 59% of them were First Nations
children and young people despite First Nations peoples making up 3.2% of the total Australian population. It is clear that incarceration and 'tough on crime' policies are not helping but rather contribute to exacerbating this disparity. One cannot speak of youth crime in a rural/regional NSW context without understanding the underlying racism of the justice system through the over-representation of First Nations children.

Resources should be devoted to reducing this over incarceration through Drug Court, Circle Sentencing, and through Justice Reinvestment where the underlying factors driving crime are addressed by investing in community-driven solutions and alternatives to incarceration.