CityHub: “Only a partial win”: Supreme Court rules NSW anti-protest laws as constitutionally invalid
Earlier this week, the NSW Supreme Court ruled that NSW anti-protest laws are constitutionally invalid.
These laws were enacted last year in response to a climate protest that caused traffic disruptions, criminalizing activities that cause obstructions, partial closures, or redirections around various major facilities, and carry a maximum penalty of a $22,000 fine, imprisonment for two years, or both.
'Knitting Nannas' Dominique Jacobs and Helen Kvelde challenged these laws, arguing that they did not uphold the implied freedom of political communication in the Commonwealth Constitution.
The court found that these new laws were not justified when protest activity caused people to be redirected or caused a facility to be partially closed. Therefore, those parts of the laws were deemed invalid.
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The Guardian: Australian Human Rights Commission to crack down on employers who fail to actively prevent workplace sexual harassment
As of 12 December 2023, the Australian Human Rights Commission (AHRC) will be handed enforcement powers as part of the Respect@Work legislation. The new section 47C of the Sex Discrimination Act 1984 (Cth) applies a positive duty to any person conducting a business or undertaking (PCBU) or ‘employer’..
Sex Discrimination Commissioner Dr Anna Cody, hopes to shift the burden of progress in workplaces by holding employers legally responsible for failing to protect employees. The positive duty requires employers to take ‘reasonable and proportionate’ measures to eliminate sexual harassment, discrimination, and victimisation. This includes unlawful conduct engaged in by themselves, employees, workers and agents, and even extends to third parties such as customers and clients.
Read morePriorities 2024-26 for the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
The NSW Council for Civil Liberties (NSWCCL) congratulates the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (the Special Rapporteur) on his appointment and thanks him for the opportunity to make a submission on his mandate priorities for 2024-26, and in particular on which of the 'new issues' identified by him should be a priority.
Read moreConsultation paper on weapons related offences: Sentencing Adult Offenders
The Sentencing Council released a consultation paper in September 2023 seeking further submissions on key issues identified in preliminary research and analysis. The NSW Council for Civil Liberties (NSWCCL) was grateful for the opportunity to make a submission in response to this consultation paper.
Our submission focussed on offences involving custody of knives and questions raised in relation to items 5 and 6 of the Terms of Reference, namely:
- consider whether offences for which penalty notices are available remain appropriate;
- consider whether the maximum penalties for the offences are appropriate with reference to other jurisdictions.
Celebrating our 2023 Life Members
The NSW Council for Civil Liberties (NSWCCL) recently bestowed Honourary Life Memberships upon four exceptional individuals who have dedicated many decades to the relentless pursuit of civil liberties and human rights for all. This prestigious accolade serves as a testament to their unwavering commitment and invaluable contributions to the cause.
Read moreSMH: ‘Chilling effect’: Supreme Court overturns NSW’s tough anti-protest laws
The NSW Supreme Court has struck down part of a suite of tough anti-protest laws rushed through state parliament last year, ruling that criminalising activities that cause partial closures or redirections around ports and train stations was constitutionally invalid.
Climate change protesters Dominique Jacobs and Helen Kvelde, represented by the Environmental Defenders Office, launched a constitutional challenge last year to the new laws, which imposed a maximum penalty of a $22,000 fine, imprisonment for two years, or both.
Read moreEDO: Supreme Court rules parts of NSW anti-protest laws are unconstitutional
Parts of harsh anti-protest laws passed in NSW last year have been found to be unconstitutional after a legal challenge by two Knitting Nannas protesters who argued they impermissibly burdened the implied freedom of political communication.
Two Knitting Nannas, Helen Kvelde and Dominique Jacobs, took legal action to defend the right to protest in October 2022, after the NSW Government passed new laws following a series of climate-related demonstrations.
Read moreCity Hub: Police under fire after charging legal observers at climate change protest
The NSW Council for Civil Liberties (NSWCCL) has called on police to withdraw their charges against legal observers during a climate change protest in Newcastle over the weekend.
Volunteers known as Legal Observers actively participate in protests to safeguard the rights of demonstrators and enhance police accountability. Although they can be invited to attend protests, Legal Observers operate independently and refrain from involvement in the protest itself or decisions related to its course.
Designated as Human Rights Defenders by the Office of the United Nations High Commissioner for Human Rights, Legal Observers engage in tasks such as distributing information cards, educating individuals about their legal rights, and documenting interactions through note-taking, photography, or videography.
During the recent weekend climate protest, organised by climate change activist organization, Rising Tide, Legal Observers were easily identifiable in pink high-visibility vests bearing the words "Legal Observer" in prominent black letters and openly communicated their presence and role to the police. Despite this, they faced charges for doing nothing further than what was within their role as Legal Observers.
This incident is not the first instance of Legal Observers being arrested while fulfilling their duties during protests.
Read moreMedia Statement: We need a royal commission into immigration detention
The New South Wales Council for Civil Liberties supports the campaign for a Royal Commission into
Immigration Detention – including onshore and offshore detention on Nauru and Papua New Guinea.
The campaign for a Royal Commission into Immigration Detention is being launched at Parliament
House in Canberra on Tuesday 28 November 2023, hosted by Kylea Tink, Member for North Sydney.
Media Statement: S93z amendments should be referred to the standing issues committee
The New South Wales Council for Civil Liberties has consistently raised our concerns with respect to
the proposed Crimes Amendment (Prosecution of Certain Offences) Bill 2023. We note our previous
press release issued on 23 November 2023 on this issue.