The New South Wales Council for Civil Liberties is aware that there is a freedom flotilla that will shortly be departing Turkiye with 5,500 tonnes of humanitarian aid including food and medical supplies for the citizens of Palestine.

We are aware that international human rights observers will be accompanying the volunteers aboard the Freedom Flotilla, including Australian citizens.

The Council recognises the Freedom Flotilla as both a form of protest and as a humanitarian relief campaign with the focus on abating the extreme conditions being experienced by the innocent civilians in Palestine. We note that this includes starvation, mass displacement, lack of access to medical assistance, psychological trauma and death.

We are calling on the Australian Government to ensure that they do everything within their power to safeguard the Freedom Flotilla. This includes ensuring, to the fullest extent possible, that it is not intercepted by any foreign States and that their safe passage as a humanitarian convey is respected.

We have witnessed aid workers and those delivering humanitarian assistance in Palestine dying in the most tragic of circumstances, including Australian citizens. It is concerning that the death of aid workers, including Australian citizens, has not resulted in any meaningful action being undertaken on behalf of the Australian Government.

We call upon the Australian Government to do all that they can, both publicly and through diplomatic means, to ensure that the Freedom Flotilla is provided safe passage to Palestine and that the humanitarian assistance is permitted to be supplied to Palestinian civilians.

Police could be able to stop and search people for a weapon without reasonable suspicion or a warrant under laws being considered by the NSW government.

NSWCCL does not support giving police more powers. We believe this would amount to nothing more than a "knee-jerk response to a series of violent and distressing but isolated incidents".

The New South Wales Council for Civil Liberties is concerned about media reporting alleging that NSW Police are lobbying the State Government to introduce new laws that would create criminal offences for the parents of minors found with weapons, including knives.

BOSCAR data indicates that knife crime has declined in New South Wales over recent consecutive years. The position of NSW police does not reflect the current research on the prevention of crime. We strongly urge the State Government to resist populist calls for legislative change that will not make our communities safer.

The Council urges all levels of Government to invest in our public mental health care system, public mental health supports and resources (including in Culturally and Linguistically Diverse Communities). This includes committing to a date for the proposed ‘whole of government’ Drug Summit, which remains one of the unfulfilled election promises to the people in New South Wales that could meaningfully impact weapons related crime.

The NSW Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the Senate Standing Committee on Legal and Constitutional Affairs in regard to the Administrative Review Tribunal Bill 2023 [Provisions] and related bills.

The NSWCCL endorses the sentiment and recommendations made by many of the other civil society and advocacy organisations who submitted to the Inquiry into the Administrative Review Tribunal Bill 2023 (ART Bill) and the Administrative Review Tribunal (Consequential and Transitional Provisions No.1) Bill 2023 (Consequential and Transitional Bill), including the Centre for Public Integrity, the Refugee Council of Australia, Liberty Victoria and The Australia Institute.

Currently, individuals incarcerated in NSW serving sentences of 12 months or more are ineligible to vote in state elections. However, federally, these restrictions only apply to those sentenced to at least three years of imprisonment. This discrepancy has prompted questions from civil rights groups in NSW, who are now urging the government to address this disparity and advocate for equal voting rights for all incarcerated individuals, regardless of the length of their sentence.

The NSW Council for Civil Liberties is among these groups. NSWCCL holds the position that inmates should not be denied the right to participate in this fundamental democratic process. Not only is this denial contrary to any potential rehabilitative outcomes that detention might serve for an inmate, but it also harms society as a whole.

Our president talks to The Project about search laws in NSW in the wake of the recent tragic attacks in Sydney involving knives.

We recommend that the Government bins this repugnant bill and we urge all of our members to take a vocal, immediate stand against it. It attempts to legitimate the exclusion, detention, and criminalisation of people based on where they are born. The NSWCCL recommends that the Government reconsider its approach to legislating on this issue and engage in a more transparent and consultative process reflective of the importance of the fundamental principles of democracy including the separation of powers and rule of law.

The NSW Council for Civil Liberties (NSWCCL) strongly condemns the recent remarks made by the Leader of the Opposition, Peter Dutton, linking a pro-Palestine protest to the tragic events of the Port Arthur massacre. Such statements not only lack factual basis but also dangerously conflate unrelated issues, leading to misinformation and unwarranted associations.

Today, the NSW Council for Civil Liberties is appearing before the NSW Electoral Matters committee to call on the Committee to recommend that the current restrictions on prisoners right to vote in the NSW Electoral Act be removed.

The Council strongly believes that any exclusion of a person’s right to vote is a grave curtailing of the right to participate in a healthy democracy. This has a de-facto consequence of creating “tiers of citizenship” and does little to assist in the rehabilitation of incarcerated people when they have served their time.

The Council is also concerned about the disproportionate impact that the current restrictions on prisoners’ right to vote has on First Nations communities.

The NSW Council for Civil Liberties has joined forces with 40 other advocacy and civil society organisations to send an open letter to Premier Chris Minns MP, demanding that he respect democratic process and conduct a public inquiry in the draconian NSW Anti-Protest Laws. Sign our Petition calling for an open and transarent reivew of these laws here.

To Premier Chris Minns, Attorney General Michael Daley and the Hon. John Graham:

We the undersigned call on you to address the vital issue of protecting the right to protest in our state. 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.

Two years on from the introduction of the draconian 2022 anti-protest laws, these laws are creating a chilling effect on civil movements and social progress. The barriers for a diverse range of groups to participate in protest action have been raised to an unattainable height due to risk of police interaction and escalated police violence, especially for groups such as First Nations people and individuals on temporary visas.

The review of these laws is scheduled to take place after 1 April 2024 and will be carried out by the Department of Roads and the Attorney-General’s Department. We call for the repeal of these anti-democratic laws - barring repeal, we call on you to ensure that this review will seek public submissions and be undertaken in a clear and transparent manner.

It is essential that members of the community, civil society organisations, legal experts, protesters and protest movements and other stakeholders are given the opportunity to publicly explain the grassroots impacts of these laws. We call on the government to commit to introducing a community consultation component into the statutory review of the 2022 amendments.

We would appreciate the opportunity to meet with you regarding the conduct of the legislative review and the opportunity for community consultation on the issue.

Signed,

In April 2022, the NSW Parliament passed legislation to prevent ‘illegal protesting’ on major roads, bridges, tunnels, public transport and infrastructure facilities. The new 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.

NSWCCL condemns these legislative changes in totality. Protest should not be confined to back roads.  We especially condemn the lack of proportionality of the punishment that can be imposed for offences committed by protesters. 

The review of these laws is scheduled to take place after 1 April 2024 and should consider the views of all stakelholders and community. Join us in the call for an open and transparent review!