GreenLeft: Albanese encourages states to enact new anti-protest laws over alleged antisemitism
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.
Read moreNIT: Queensland’s "disturbing record" on deaths in custody will only get worse under LNP’s agenda, advocates warn
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.
Read moreSubmission: Criminal Code Amendment (Hate Crimes) Bill 2024 [Provisions]
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.
Read moreMEDIA RELEASE: New Laws are Another Slap in the Face For the Right to Protest
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.
Read moreSubmission: Australia’s youth justice and incarceration system
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.
Read moreSubmission: Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024
We strongly assert that the decision to allow only seven working days for public submissions on such a critical and complex piece of legislation is incompatible with the principles of transparent governance. This extremely short process will exclude many voices and undermines the democratic principles of participation and inclusion.
The NSWCCL supports increased regulatory powers for holding digital platforms accountable and transparent, and agrees with the Bill's overall intent, however, we stand with our civil society colleagues in recommending amendments to improve public transparency and to amend the industry code-making process to give the regulator the power to set industry standards.
Read moreSubmission: The health impacts of alcohol and other drugs (AOD) in Australia
NSWCCL has, for many years, maintained that Alcohol and Other Drug (AOD) use should be addressed as a health and social rather than a legal issue. It therefore advocates the transfer of powers relating to drug use from the criminal justice system to the health system.
The Council also supports the policy of harm minimisation, rather than zero tolerance, in treatment of the effects of AOD, and more equitable access to safe and appropriate AOD services, including for priority populations in the National AOD strategy such as young people, First Nations communities, people in contact with the criminal justice system, and LGBTQI+ people.
Read moreMedia Statement: Flower pots are not a threat to public safety
Today was an important moment in the history of the right to protest in New South Wales.
For nearly a year, peaceful protests and vigils have occurred across our country calling for the immediate end of violence in Palestine which has seen Hospitals and Schools bombed, the taking of hostages, the mass displacement of civilian populations, forced starvation and the deaths of over 40 000 innocent civilians – the vast majority of whom have been children.
The protests in Sydney have been largely organised by Jews Against the Occupation and Palestinian Action Group. This afternoon, after a day in court, the groups announced that a rally on 6 October and a standing vigil on 7 October will proceed.
Read moreLetter: NSW Police Commissioner calling for community rallies to be allowed to proceed
2 October 2024
Dear Commissioner,
We write concerning your intention to apply to the Supreme Court for the prohibition of the holding of public assemblies by Palestine Action Group on 6 and 7 October. We strongly urge you to reconsider your decision to apply to the court and instead work with assembly organisers to facilitate the exercise of the democratic right of protest under the protections in the Summary Offences Act and in line with the government’s human rights obligations.
Read moreThe Sydney Morning Herald: NSW Police take court action to stop October 7 anniversary rallies
The NSW Police Commissioner Karen Webb has applied to the NSW Supreme Court to prohibit a pro-Palestine rally planned for October 7, marking the first anniversary of the October 7 attacks. She has also applied to prevent the group from continuing their weekly Sunday rally, due to safety concerns.
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