NSWCCL amongst civil society groups calling on NSW Parliament to resume
Six civil society groups are today calling on the NSW State Parliament to immediately reconvene regular sittings, in a way that is safe, so it can debate and address important matters of public concern.
The NSW community is looking to their State Government to guide them through the COVID-19 public health emergency. Issues including the impact the pandemic is having on people experiencing homelessness and domestic violence and on Aboriginal and Torres Strait Islander peoples must be open to parliamentary scrutiny.
As NSW teachers prepare to go back to classrooms next week, NSW MPs will sit for just one day to pass rental relief measures and are then not scheduled to sit again until September. Only with regular parliamentary processes can the Government respond to the community’s needs rapidly.
The use of the Upper House Public Accountability Committee to review the NSW Government’s management of the COVID-19 pandemic was a step in the right direction. However, the Committee is yet to hold hearings since its inception in March, and is not accepting public submissions. The Committee has, so far, not put any measures in place to improve the transparency and accountability of executive decision-making.
Nicholas Cowdery AO QC President of NSW Council for Civil Liberties:
“There is no legal impediment to the conduct of safe sittings of parliament in the coronavirus context. Accountable government is a requirement of democracy and without it, intrusive emergency measures may become manipulated and entrenched beyond this crisis.”
Jonathon Hunyor, CEO of the Public Interest Advocacy Centre:
“In responding to the COVID-19 public health emergency, the NSW Government has been making major decisions with significant impact on our daily lives and fundamental rights. We need Parliament doing its job, ensuring oversight and accountability – it’s an essential part of our democracy.”
The Hon Anthony Whealy QC, Chair of The Centre for Public Integrity and former Judge of the NSW Court of Appeal:
"Parliament can and should sit during this crisis. Increased public spending and government intervention at this time calls for more scrutiny, not less. Australian Parliaments should follow examples set in the UK of MPs joining the chamber virtually to allow full representation across Parliament."
Alice Drury, Senior Lawyer at the Human Rights Law Centre:
“Now is the time for Parliament to shine, not shut down. We can have confidence in leadership during the COVID-19 pandemic only when decisions are transparent, open to constructive scrutiny, and responsive to the changing needs of our communities. We need regular Parliament processes back in place as soon as possible.”
See the original release from Human Rights Law Centre HERE.
Nominations open 2020 Awards for Civil Liberties Journalism
New South Wales Council for Civil Liberties announces that nominations are now open for two awards for excellence in civil liberties journalism for an article or series of articles, or a radio, television or podcast presentation, promoting civil liberties. The two awards are:
- for young journalists under the age of 30 on 2 June 30, 2020, and
- the open category.
Submissions are welcome, whether by self-nomination or third-party nomination. Submissions must include copies or links to the material that is the subject of the nomination.
To be eligible, nominations must have been published or broadcast in Australia between July 1, 2019 and June 30, 2020, and must be received by the NSWCCL by 11:59pm, on 14th July 2020.
Nominations should be made online, to [email protected].
Nicholas Cowdery AO QC
President NSW Council for Civil Liberties
Read about last year's finalists and award winners HERE
Supreme Court rules on VIC Government COVID-19 duty of care to person in prison
The Supreme Court of Victoria has found that the Victorian Government has prima facie breached their duty to take reasonable care for the health of a person behind bars during the COVID-19 pandemic.
The case, an urgent injunction brought by Fitzroy Legal Service and the Human Rights Law Centre, on behalf of a person in Port Phillip Prison with acute health needs, argued that people in prison are sitting ducks for COVID-19, and that it will only take one case to enter the prison for there to be an outbreak, which could not be stopped even if responsive measures are taken.
While the Court didn’t make any findings of fact given the case was heard as an interlocutory hearing, the Court did find that there was a prima facie case that the prison authorities breached their duty of care to safeguard the health of the person in prison, and that the Government must act compatibility with the Victorian Charter of Human Rights.
This is an excerpt from a news article originally published by the Human Rights Law Centre, 2 May 2020.
The right to protest should not be curtailed
4th May 2020
The right to protest should not be curtailed
The NSW Council for Civil Liberties has grave concerns with the actions of the Victorian Police in the arrest of Chris Breen. To our understanding Mr Breen has been charged with incitement under section 321G of the Crimes Act 1958 for involvement in a protest car convoy. We are equally concerned with the issuing of infringement notices and fines of $1652 to 26 other participants.
On Good Friday the Refugee Action Collective planned a peaceful demonstration to highlight the living conditions for the refugees being held in the Mantra Hotel, Preston, The Mantra is being used as an Alternate Place of Detention (APOD). The purpose of the demonstration was to bring attention to the difficulties of maintaining social distancing and other hygiene concerns in the facility. NSWCCL has already voiced their concerns with the conditions in APODs.
Acknowledging the social distancing laws in place at the time, the protestors organised a car convoy with no more than two people in each car. The previous day a similar convoy had been held by the United Voice Union and although there were threats made in the media by the Victorian Police, no arrests were made, as was appropriate for a peaceful protest
On Good Friday the Victorian Police acted otherwise, by arresting Refugee Action Collective member Chris Breen in his house, holding him for nine hours at Preston police station, seizing his electronic devices (including his son’s) and charging him with incitement under section 321G of the Crimes Act 1958 for involvement in the car convoy. Police also issued infringement notices and fines of $1652 to 26 participants in the convoy.
NSWCCL has a number of concerns with the actions of the Victorian Police.
We are concerned by the use of public health measures to respond to matters of political action.
We are concerned with the precedent these actions could have for future rallies, protests or picket lines.
In order to maintain the civil right to protest in Victoria we make the following demands:
- The charge against Chris Breen to be dropped.
- The infringement notices be revoked.
- The Victorian Police and Government approve future car convoys and other safe forms of political protest.
NSWCCL has also written to Victorian Police Commissioner, Graham Ashton AM regarding this matter. View the letter HERE.
Angela Catallo and Dr Martin Bibby, co-convenors, NSWCCL Asylum Seekers and Refugees Action Group
Media requests: Angela Catallo via email to [email protected]
See this statement as a PDF
NSWCCL calls for release of those in alternative places of detention (APOD)
NSWCCL are asking members and supporters to urgently write to a group of Federal Ministers warning them of the risks involved in keeping 100 refugees in the Kangaroo Point Central Hotel, an alternative place of detention (APOD) in Brisbane, and 50 in the Mantra Hotel APOD in Melbourne. We are calling for their immediate release into safe places in the community as part of the public health response to the COVID-19 emergency.
The risk in APODs is that they are crowded, and social distancing is impossible. Moreover, guards, service staff and others go in and out, generally without personal protective equipment.
There are 9,900 members of I Have a Room, who have declared their willingness to look after asylum seekers and refugees in their own homes. In APODs and Detention Centres, here, in Nauru and Manus Island, there are a few more than 1,400 asylum seekers and refugees.
It is true that cases have been trending down: in Queensland in particular there have been no new cases of the virus in the last few days. However, as Professor Paul Kelly, the Deputy Chief Medical Officer, said on the ABC’s Coronacast podcast on Wednesday 22 April, there is a risk of a second wave of the virus, which would be worse than the first. Moreover, there may be asymptomatic cases, with people who are not aware that they have the disease able to spread it to others, who may die of it.
We thank you for taking this action to help protect asylum seekers and refugees in Australian care during the COVID-19 health crisis.
- Angela Catallo and Dr Martin Bibby, co-convenors, NSWCCL Asylum Seekers and Refugees Action Group
Media requests: Angela Catallo via email to [email protected]
Please write in your own words, or copy and paste the example letter below into an email, and send to:
The Hon. Alan Tudge, Acting Minister for Immigration [email protected]
The Hon. Peter Dutton, Minister for Home Affairs [email protected]
The Hon. Anne Ruston, Services Minister [email protected]
The Hon. Greg Hunt, Minister for Health [email protected]
The Hon. David Coleman, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. [email protected]
Dear Ministers,
You will be aware of the concerns expressed by Mr. Ed. Santow about the COVID-19 health risk due to overcrowding inside two alternative places of detention (APODs) for refugees and asylum seekers - that is, in the Kangaroo Point Central Hotel in Brisbane and the Mantra Hotel in South Preston, Victoria. According to Mr. Santow, social distancing is not possible while so many are detained there, and the lives of the detainees are at risk.
APODs are not isolated from the wider community--guards, service staff, cleaners and others go in and out. They can carry infection in, and others will carry it out. Mr. Santow's warning should be treated seriously and the response should be urgent.
I remind you of the consequences of Donald Trump's dismissal of warnings about the novel coronavirus as fear-mongering.
I am writing therefore to urge you to rescue the people detained in those two places from their almost inevitable infection with the SARS-2 virus if they stay there, and the likely deaths of some of them. I urge you to act swiftly and place them in community detention, or release them to safe places in the community.
It is true that cases have been trending down: in Queensland in particular there have been no new cases of the virus in the last few days. However, as Professor Paul Kelly, the Deputy Chief Medical Officer, said on the ABC’s Coronacast podcast on Wednesday 22 April, there is a risk of a second wave of the virus, which would be worse than the first. Moreover, there may be asymptomatic cases, with people who are not aware that they have the disease able to spread it to others, who may die of it.
There are 9,900 members of I Have a Room who have declared their willingness to take an asylum seeker or refugee each from detention into their own homes.
I urge you to take up their offers, and act before it is too late
Yours sincerely,
(SIGN HERE)
Download the letter as a PDF to print, sign and scan/photograph and send via email.
Privacy and digital COVID-19 contact tracing
20th April 2020
CONCERNS RE PRIVACY AND DIGITAL COVID-19 CONTACT TRACING
Prime Minister Scott Morrison has confirmed that the Australian government is progressing with Singapore-style digital options for contact tracing. The proposed app tracks, via Bluetooth technology, the previous close contacts of an individual who subsequently proves to be COVID-19 positive. This applies to any contact (also with the app) who had spent 15 minutes or more in close proximity with the infected person.
NSWCCL is concerned with the potential of the app to compromise data protection, increasing illegal and inappropriate use of data and facilitating surveillance and stigmatisation of Australians. Any collection or use of a person’s sensitive personal data for digital contact tracing must come with the imposition of strict limitations.
Read moreHigh Court decision - limited win for journalist Annika Smethurst
Today the High Court unanimously found the AFP warrant to enter journalist Annika Smethurst’s home in search of information relating to the publication of classified information, was invalid on a technical ground:
“that it misstated the substance of s 79(3) of the Crimes Act, as it stood on 29 April 2018, and failed to state the offence to which the warrant related with sufficient precision. The entry, search and seizure which occurred on 4 June 2019 were therefore unlawful”
Costs were also awarded to the plaintiffs.
NSWCCL welcomes this limited victory for Annika Smethurst today - but we remain deeply concerned that freedom of the press and effective investigative journalism continues to be under serious threat in Australia. This decision does nothing to alleviate those concerns.
Read moreSenate establishes Committee to scrutinise responses to COVID -19 crisis
The NSW Council for Civil Liberties welcomes the unanimous decision by the Senate to establish a Select Committee on COVID -19 matters.
The Committee has a wide scope. It is empowered “to inquire into and report on:
- a) the Australian Government's response to the COVID-19 pandemic; and
- b) any related matters.”
It has strong powers to gain information, hold public or private hearings, publish evidence, findings and recommendations and a direction that it be “provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President”.
It will have a core membership of 7 being: 3 nominated by the Leader of the Opposition in the Senate; 2 nominated by the Leader of the Government in the Senate; 1 nominated by the Leader of the Australian Greens; and Senator Jacqui Lambie. Other Senators will be able to be nominated as participating – but not voting - members.
On the face of it, this new Select Committee should be able to make a significant contribution to democracy in oversighting the Government’s responses to the COVID -19 pandemic. In so doing it will hopefully provide some much-needed scrutiny of Government decisions and their implementation to fill an astonishing accountability vacuum created by the closure of the Australian Parliament until 11 August 2020.
The Government’s continued refusal to amend the Parliament’s sitting schedule to provide for sittings over the intervening months is a betrayal of the people’s rights to transparency and accountability in government.
Previous statement: 6 April 2020, Call for senate committee scrutiny of government responses to COVID-19
Previous statement: 30 March 2020, Statement: COVID-19 and Government oversight - Prolonged Parliamentary Adjournment unacceptable and Dangerous for Democracy
NSWCCL calls for Chief Medical Officer to be consulted on COVID-19 laws
Media coverage: The Canberra Times
The NSW Council of Civil Liberties has called for the state's chief medical officer to be consulted about fines issued under extraordinary laws designed to prevent the spread of COVID-19.
It follows concern that police may be issuing infringement notices to people who do not pose a risk of spreading the virus.
NSWCCL spokesman Stephen Blanks disputed whether going for a drive should be classified as an offence. "That activity has negligible community risk, of course there could be a risk if there was an accident, but it's very remote," he said.
"The experience of the past week suggests the commissioner should be getting some guidance from the chief medical officer of NSW as to whether particular activities involve community health risk."
Mr Blanks warned maintaining community support for the laws would be essential in the weeks and months ahead.
"It's unprecedented, the idea that everyone is confined to their homes unless they have a reasonable excuse to leave. The fact is there is widespread community observance of the laws, but the most important thing is the community support for them is maintained," he said.
"If the police are seen to be enforcing them in a heavy-handed way it will result in a loss of community support and will be counter-productive."
Call for senate committee scrutiny of government responses to covid-19
NSWCCL is engaging with the fast moving covid-19 crisis on a number of fronts. The maintenance of core democratic processes to ensure adequate parliamentary scrutiny of the government’s responses to the crisis is a high priority for us and other civil society organisations. Our intention is not to hinder the Government’s capacity to act with necessary speed in the face of the unprecedented challenges of the pandemic. Rather, our aim is to give confidence to the community that government responses are being scrutinised for lawfulness, proportionality and fairness through transparent parliamentary processes. Without this confidence public trust in the Government over this period is likely to be weakened.
Like many others, we have urged both the NSW and the Australian Governments to rethink their decisions to close down their parliaments over the next crucial months. The NSW Parliament is not scheduled to resume until 15th September and the Australian Parliament not until 11th August. The Australian Parliament will sit for one day next Wednesday (8th April) to approve the latest tranche of emergency spending.
We have also called for the establishment of a strong, bipartisan Senate Select Committee to scrutinise and report on the Government’s responses to the pandemic crisis. NSWCCL joined 7 other legal and civil society groups in a public call for such a committee to approved when the Parliament sits on Wednesday:
The Senate must establish the Select Senate Committee when it reconvenes, for potentially just one day, next Wednesday. A Select Senate Committee will provide a vital avenue to business, civil society groups and individuals to provide information to inform Government decision-making and feedback on the impact of those decisions, so that no one is left behind and no one is left in the dark.
The NSW and New Zealand Governments have already established committees to oversee their Governments’ response to COVID-19.
A Select Senate Committee is just a part of the solution – Australians also need regular parliamentary processes to continue. It is vital that our Parliament sit, in a way that is safe, so it can make decisions rapidly as the pandemic unfolds.
Participating groups in addition to NSWCCL were Human Rights Law Centre, Centre for Public Integrity, Amnesty International, National Aboriginal and Torres Strait Islander Legal Services, People with Disability Australia, GRATA Fund and the Public Interest Advocacy Centre.
Other groups – including eminent ex judges - have made similar calls for such a committee.
At this point of time we are hopeful that the Senate will set up such a Committee next Wednesday to provide the much-needed and focused scrutiny on Government actions over this extraordinarily challenging and scary period in Australia’s history.
