Submission: AI Governance in the Public Sector
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.
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.
Read moreSydney Criminal Lawyers: NSW Government’s Drug Diversion Scheme is an Abject Failure
The Early Drug Diversion Initiative (EDDI), introduced by the Minns government earlier this year, has largely been seen as a failure. Despite years of public advocacy for drug decriminalisation, the scheme has only managed to divert a small percentage of individuals caught with minor drug offences.
Under the initiative, NSW police officers were given the discretion to issue a $400 on-the-spot fine to those caught with small amounts of prohibited drugs, or to offer them an alternative — a one-hour phone counselling session with the Alcohol and Drug Information Service.
Read moreNine: Is it OK for parents to track their kids?
Concerns around privacy are increasingly important for parents as they navigate the challenges of raising children in a digital world. While ensuring their children's safety remains a top priority, both online and offline, the rise of technology has introduced new dilemmas, particularly regarding the use of tools that track a child's movements.
Though technology and social media have made parenting more difficult in many ways, they have also offered solutions, such as GPS trackers, which allow parents to monitor their children's whereabouts. This has sparked ongoing debate about privacy and whether such monitoring is an overreach into a child's personal autonomy.
Read moreHoni Soit: Sydney University Law School pen open letter “seriously concerned” about Campus Access Policy
The University of Sydney Law School has published an open letter expressing serious concerns about the new Campus Access Policy 2024, which was introduced earlier this year as a replacement for the Campus Access Rule 2009.
The letter, signed by 54 academics to date, is addressed to Chancellor David Thodey, Vice-Chancellor Mark Scott, and the Academic Board. It highlights deep reservations about the policy's introduction process, its substance, the broader message it conveys, and the limited timeframe for its review.
The University formally rescinded the previous Campus Access Rule in July and replaced it with the 2024 version, a move that has sparked protests from student activists and drawn considerable criticism from the NSW Council for Civil Liberties.
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