On 26 February NSWCCL wrote to the Attorney General, Minister for Police and Police Commissioner to register our concern about systemic policing issues which are brought into focus again by the alleged murder of Jesse Baird and Luke Davies.  

Our letter is attached and calls for three things: the disarming of general duties Police Officers; an independent inquiry into police use of force and weapons; and, an end to the practice of police investigating police for misconduct and excessive use of force.

Today marks the 20th anniversary of the death of First Nations teenager, TJ Hickey. The NSW Council for Civil Liberties joins his family, friends, and the First Nations community in solemn remembrance.

On February 14, 2004, TJ tragically died after being impaled on a fence during interactions with NSW Police. His death remains deeply etched in the hearts and minds of his family, friends, and the First Nations community.

NSWCCL endorses the draft recommendations of the Commission which will bring reforms to the Deductible Gift Recipient (DGR) system, making it more transparent, simpler, fairer and more consistent. The current DGR system is complex legislation and operates under outdated categories that do not capture the diversity of modern Australian charities. In our submission we comment specifically on areas that require further action to ensure a more democratic process and that align more consistently with civil rights. Our submission also concentrates on the system that determines which entities in Australia can receive tax deductable donations rather than tax incentives encouraging donation.  

The Bill was introduced into Parliament on 29 November 2023, and was passed by both Houses on 6 December 2023. Now in force as the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 (Act), it has repealed and replaced provisions of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007.

This Bill should have been referred to the PJCIS to allow proper scrutiny before, not after, the Bill passed. This legislation was rushed through both the House and the Senate with very limited consultation, no exposure drafts and very short notice. In our view, no clear or adequate justification has been given for this rushed process.

In 2015, in a highly politicised environment, where there was very little nuanced public debate regarding national security, the Australian government added citizenship revocation on terrorism-related grounds (citizenship stripping) into the Australian Citizenship Act. Citizenship revocation was introduced to both dissuade disaffected people from committing acts of terrorism, as well as addressing the anticipated risks that individuals who had been convicted of terrorism related offences may pose to the community upon their release.

The New South Wales Council for Civil Liberties considers that the powers contained in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (Cth) (Division 3) disproportionately infringe on fundamental civil liberties, create a serious threat to the rule of law in Australia, and moreover, no longer have the utility which precipitated their creation. The NSWCCL submits that Division 3 should be repealed in full.

The Division 3 powers, when introduced, were cast as a transient response to an exceptional set of events, as a response to the perceived terrorism threat following the 9/11 attacks. However, more than two decades on, and what were once powers of unprecedented and exceptional reach, are now a permanent feature of Australia’s legal landscape. Given the reduction in the threat of terrorism, coupled with the fact that Division 3 powers have rarely been utilised, the powers given to Australian Security Intelligence Organisation (ASIO) under Division 3 are now well beyond the scope of what is reasonably necessary. They overstep intelligence collection and veer into investigatory powers that are properly the purvey of law enforcement agencies.

WARNING: This blog contains the name of an Aboriginal person who has died.

Lowitja O’Donoghue, a Yankunytjatjara woman, Australian activist and leader died on Sunday on Kaurna Country in Adelaide. Today the NSWCCL pays tribute to her life and work which led  groundbreaking reforms for Indigenous peoples across the nation.

Since 2007 Indigenous deaths in police custody have doubled with 2023 as the deadliest year on record for First Nations people in prison. The recently published report released by The Australian Institute of Criminology, shed light on this, with over 556 Indigenous deaths in custody in the 32 years since the Royal Commission into Aboriginal Deaths in Custody. 

Between July 1, 2022, and June 30, 2023, a total of 21 Indigenous prisoners lost their lives while incarcerated. This marks the highest death-in-custody toll since 1980. Further, this report highlighted the deaths of 11 individuals who were unsentenced at the time of their passing. 

The report has additionally highlighted that New South Wales is the most likely place for someone to die while being arrested, held or pursued.

Ashleigh Buckett - an associate legal director at the National Justice Project said that the government was slow to respond to a royal commission on Aboriginal deaths in custody and emphasised the necessity for change. 

"There have been over 500 Aboriginal deaths in custody since 1991, but only a handful of prosecutions," she said.

"The government already has the recommendations to guide its response, the question now is whether it has the will."

NSW police have conducted a review of a serious allegation of hate speech at the Opera House protest in October and found that the allegations were incorrect. Expert examination of the video evidence proves that protestors were chanting “where’s the Jews” and did not chant “gas the Jews” as was widely reported by many media outlets on the basis of a wrongly captioned video shared on social media.

In our submission about the Australian Government Digital Identity System (AGDIS) we have underscored our commitment to safeguarding civil liberties in the face of evolving digital identity systems.

While NSW Council for Civil Liberties (NSWCCL) endorses the codification of AGDIS, which includes the Document Verification Service and facial verification technology, concerns persist regarding the lack of an effective legal framework. Recent high-profile data breaches underscore the urgency of regulation and enforcement in identity protection. The impetus for the swift introduction of this legislation is the imperative to address cybercrime, but recent amendments fall short in addressing crucial issues.

NSW Council for Civil Liberties notes the review of s93Z of the Crimes Act to be conducted by the Honourable Tom Bathurst KC AC.  NSWCCL hopes that the review will involve extensive community consultation and looks forward to being involved in that consultation.  

New South Wales has strong “hate speech” laws that already criminalises speech that either intentionally or recklessly, threatens or incites violence against someone based on their race, religion, sexual orientation or other characteristics.  These laws should be seen in the context of both Commonwealth and State anti-discrimination laws which provide civil remedies in many circumstances.  Resort to criminal law should always be a last resort.  The law should not criminalize legitimate free speech.