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.

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. 

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.

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. 

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.

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.

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.

The Maritime Union of Australia Sydney Branch is aware of the wilful complicity of the corporate mass media and conservative politicians – both within the Coalition and the ALP – in attacking the motives and actions of peaceful demonstrators who have been campaigning for justice, peace and a ceasefire in Israel and Palestine over many weeks.

For more than a month now this has taken the form of suggesting through thinly veiled subtext that anyone supporting the plight of murdered, injured and displaced Palestinians is somehow deserving of condemnation.

The NSW Council for Civil Liberties stands with High School students who plan to strike on Friday 24 November.

The extraordinary criticism of High School students and University students engaging in their democratic right to build peaceful coalitions and movements of young people does not detract from the fact that students have a right to engage in protests. The CCL affirms the rights of the public, especially young people, to exercise their right to protest free from political intimidation and criticism.

We are deeply concerned that the Minns Labor Government has signalled their intention to remove the Director of Public Prosecution (“the DPP”) as a safeguard to prosecuting individuals pursuant to section 93Z of the Crimes Act 1900 in response to lobbyists from faith-based organisations.

We stand by our previous statements regarding the right for all Australians to enjoy their religious freedoms, as well as their right to not hold any religious beliefs at all.