The right to protest is a fundamental democratic right that allows us to express our views, shape our societies,
and press for social change. In NSW, and nationally across Australia, it is under attack.

In April 2022, the NSW Parliament passed legislation to prevent “illegal protesting” on major roads, bridges,
tunnels, public transport, and infrastructure facilities. The legislation amends section 144G the Roads Act 1993
which criminalises causing serious disruption by entering, remaining on or trespassing on prescribed major
bridges and tunnels, to now include all “main roads”. Offences carry a maximum penalty of $22,000 or two
years in gaol, or both.

In New South Wales, section 144G of the Roads Act 1993 (NSW) and section 214A of the Crimes Act 1900 (NSW)
significantly infringe people’s rights to freedom of movement, freedom of speech, freedom of assembly and
freedom of political communication, and ought to be repealed. These laws are restrictive and repressive.

There's a prevalent narrative enabled by these laws emphasising security threats and perceptions of disruption
associated with public protests. This narrative emboldens law enforcement to use unnecessary force against
protestors and pursue disproportionate laws and actions against protestors in New South Wales and across
Australia.

In our recent submission to the United Nations Special Rapporteur on Freedom of Peaceful Assembly and of
Association, we recommended that the Special Rapporteur visit Australia to assess Australia’s Laws and legal
framework regarding their compliance of with right to peaceful assembly and of association.

The NSW Council for Civil Liberties opposes in the strongest terms the newly announced “Campus Access Policy 2024”.  We proudly stand beside students and staff at Sydney University in the fight to protect their right to protest.

We are astounded that Sydney University would join with state governments and large corporations in Australia who seek to encroach on the right of public assembly and to shut down free speech. The University, which can boast a proud history of facilitating free speech and protest on campus should not be part of problem.

In response to the rise of a deadly drug and a string of overdoses, the Victorian Government announced on Monday, June 24, that they will conduct a pill testing trial for 18 months with plans to make the service permanent. Calls are now mounting for NSW Premier Chris Minns to step up and do the same. 

Nitazene is a potent substance 500 times stronger than heroin, according to NSW Health, and is continuously found in illegal drugs across the state. 

Yet despite rising pressure on the premier to follow the example of other states and implement pill testing, there was no funding in last week’s budget for the long-awaited Drug Summit.

Pill testing is a harm reduction strategy that allows a person to find out what the pill contains, preventing people from using “unusually strong or contaminated drugs”.  

Sign our petition here.

The advent of social media has had wide-ranging ramifications for Australian society. NSWCCL is particularly concerned about the corrosive effects that some social media content can have on the civil liberties that the Australian people deserve. Troublingly, this is a phenomenon which – due to its rapid development – is currently outpacing regulators. 

The default principle is that all Australians should have access to a wide array of information and ideas without restrictions unless there is good reason to limit this access. Not only is this principle an essential aspect of freedom of expression, it is also at the heart of Australia’s democratic ideal, in which people have access to the information and ideas that inform their vote. 

Australia is a party to the International Covenant on Economic, Social and Cultural Rightswhich provides that adequate housing is a human right. If climate change makes insurance for housing unaffordable or unavailable for more people, the fulfilment of this right is made even more difficult in the context of a housing system already in crisis.

Our governments, at all levels, need to act. The climate emergency is accelerating with breathtaking speed. The frightening frequency of climate-related disasters further validate the concerns of NSWCCL as we continue to advocate for more ambitious climate action.

The right to protest comes from the implied freedom of political communication found in the Australian Constitution. It means while Australians may not explicitly have a right to protest, governments are expressly forbidden from introducing any laws which might impede a person's right to express themselves or protest. Despite this, the NSW government (alongside state governments in other jurisdictions) has introduced some of the most draconian anti-protest legislation in Australia which is accompanied by a stigmatising narrative of fear and security risk against protestors.

The NSWCCL submits that in New South Wales, section 144G of the Roads Act 1993 (NSW) (‘Roads Act’) and section 214A of the Crimes Act 1900 (NSW) (‘Crimes Act’) significantly infringe people’s rights to freedom of movement, freedom of speech, freedom of assembly and freedom of political communication, and ought to be repealed. These restrictive and repressive laws create an environment where stigmatising narratives flourish in sections of politics, media and law enforcement in Australia. There's a prevalent narrative enabled by these laws emphasising security threats and perceptions of disruption associated with public protests.

Julian Assange should never have been charged with espionage by the US. The release of the WikiLeaks founder from custody in the UK is good news, and it is especially welcome to his family and supporters. He is due to plead guilty to a single charge of conspiring to obtain and disclose classified US national defence documents at a hearing early on Wednesday, but is not expected to face further jail time. The court in Saipan, a remote Pacific island which is a US territory, is expected to approve the deal, crediting him for the five years he has already spent on remand in prison.

His opportunity to live with his young family comes thanks to Australian diplomacy under the prime minister, Anthony Albanese, who had made clear his desire for a resolution, and the Biden administration’s keenness to get a controversial case off its plate, particularly in an election year. Seventeen of the charges have been dropped. The one that remains, however, is cause for serious alarm. It was the Trump administration that brought this case. But while the Biden administration has dropped 17 of the 18 charges, it insisted on a charge under the 1917 Espionage Act, rather than the one first brought against him of conspiracy to commit computer intrusion.

NSW Council for Civil Liberties joins the chorus of voices to pay our great respect to the Honourable Paul Stein AM KC who passed away on Saturday, 22 June 2024. 

Paul Stein was a longstanding and active contributor to NSWCCL over many decades. His contribution was enormous and will be sadly missed. As an environmental law expert, Mr Stein was a passionate environmentalist who held governments, corporations and lobbyists to account.

Civil liberties advocates are calling for stronger protections after Australian Taxation Office (ATO) whistleblower Richard Boyle lost his appeal to secure immunity from prosecution. 

The former debt collector accused the ATO of aggressively pursuing debts from small businesses, which he said was destroying lives and causing unnecessary trauma in order to meet revenue goals.

Boyle is accused of 24 offences, including using a mobile phone to take pictures of taxpayers’ information and secretly recording conversations with colleagues. He had sought to rely on the Public Interest Disclosure Act, the whistleblowing law for public servants, to shield him from a criminal trial.

The matter will likely now go back to the South Australian District Court, where Boyle is expected to face trial in September. If convicted, he could face up to 46 years in prison.

This week Chris Minns has broken his promise to the people of New South Wales. He has abandoned his commitment to the drug law reform agenda he spruiked pre-election.

In Tuesday's budget, there was no funding for the long-promised Drug Summit. There was no funding to support the harm reduction strategies our communities so desperately need.

It has now been 25 years since the last Drug Summit occurred, and each day without action puts our communities further at risk of harm.