Misinformation and disinformation in political advertising is a widespread problem in Australia. We think, that NSW should have truth in political advertising laws for NSW state elections and believe that such laws would enhance the integrity and transparency of the electoral system. Misleading political advertising can cause serious societal harms including:

• the erosion of trust in democratic processes;
• the weakening of trust between and among public and private entities;
• the weakening legitimacy of the social contract between voters and elected representatives; and
• the undermining of an informed populace.

In our submission to Joint Standing Committee on Electoral Matters (Committee) regarding the administration of the 2023 NSW state election and other matters. We express views in respect of:

• political donations from property developers, including through shell companies and charities;
• truth in political advertising;
• the timeliness of political donation disclosures; and
• electoral participation and enfranchisement, particularly regarding imprisoned persons and people living with disability.

Read our submission here.

Recently the NSW Police Force were disinvited of the from this year’s Sydney Gay and Lesbian Mardi Gras.

This comes after NSW police senior constable Beau Lamarre-Condon allegedly shot 26 year old Jesse Baird and 29 year old Luke Davies on the 19th of February. The incident involving Senior Constable Beau Lamarre-Condon, underscores longstanding concerns regarding police violence. Additionally, Lamarre-Condon's history, including a prior incident of excessive force, raises serious questions about the culture within the NSW Police Force.

This incident, coupled with ongoing concerns about institutional prejudice, prompted the Mardi Gras Board to act.

The recent tragedy also sheds light on the broader issue of intimate partner violence, affecting both the queer community and society at large. The tragic deaths serve as a reminder of the crisis of violence, particularly within marginalized communities.

Ultimately, the Mardi Gras Board's decision reflects the community's demand for accountability and justice in the face of tragedy. It marks a pivotal moment in the ongoing struggle for inclusivity and safety within the LGBTIQA+ community.

Jesse Baird and Luke Davies had their lives taken far too soon in the most tragic of circumstances. With the permission of Jesse and Luke’s families, our community is invited to come together and honour their memories. To the family and friends of Jesse and Luke, we are so sorry – our hearts are with you.

Condolence books will be available onsite.

Where: Green Park, Darlinghurst

When: Friday, March  at 6.30PM

The Hon. Michael Daley
Attorney General

The Hon. Yasmin Catley
Minister for Police

Commissioner Karen Webb APM

All via webform

Dear Ministers and Commissioner,

RE: NSW Policing and the queer community

We write on behalf of the NSW Council for Civil Liberties (NSWCCL) to express concern about the alleged murder of a gay couple by a serving NSW Police Officer. This tragic case ought to cause you to pause and consider if the settings around policing in NSW are appropriately calibrated, especially in relation to the queer community. In our view, they are not and your urgent attention is required.

On 26 February NSWCCL wrote to the Attorney General, Minister for Police and Police Commissioner to register our concern about systemic policing issues which are brought into focus again by the alleged murder of Jesse Baird and Luke Davies.  

Our letter is attached and calls for three things: the disarming of general duties Police Officers; an independent inquiry into police use of force and weapons; and, an end to the practice of police investigating police for misconduct and excessive use of force.

Today marks the 20th anniversary of the death of First Nations teenager, TJ Hickey. The NSW Council for Civil Liberties joins his family, friends, and the First Nations community in solemn remembrance.

On February 14, 2004, TJ tragically died after being impaled on a fence during interactions with NSW Police. His death remains deeply etched in the hearts and minds of his family, friends, and the First Nations community.

NSWCCL endorses the draft recommendations of the Commission which will bring reforms to the Deductible Gift Recipient (DGR) system, making it more transparent, simpler, fairer and more consistent. The current DGR system is complex legislation and operates under outdated categories that do not capture the diversity of modern Australian charities. In our submission we comment specifically on areas that require further action to ensure a more democratic process and that align more consistently with civil rights. Our submission also concentrates on the system that determines which entities in Australia can receive tax deductable donations rather than tax incentives encouraging donation.  

The Bill was introduced into Parliament on 29 November 2023, and was passed by both Houses on 6 December 2023. Now in force as the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 (Act), it has repealed and replaced provisions of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007.

This Bill should have been referred to the PJCIS to allow proper scrutiny before, not after, the Bill passed. This legislation was rushed through both the House and the Senate with very limited consultation, no exposure drafts and very short notice. In our view, no clear or adequate justification has been given for this rushed process.

In 2015, in a highly politicised environment, where there was very little nuanced public debate regarding national security, the Australian government added citizenship revocation on terrorism-related grounds (citizenship stripping) into the Australian Citizenship Act. Citizenship revocation was introduced to both dissuade disaffected people from committing acts of terrorism, as well as addressing the anticipated risks that individuals who had been convicted of terrorism related offences may pose to the community upon their release.

The New South Wales Council for Civil Liberties considers that the powers contained in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (Cth) (Division 3) disproportionately infringe on fundamental civil liberties, create a serious threat to the rule of law in Australia, and moreover, no longer have the utility which precipitated their creation. The NSWCCL submits that Division 3 should be repealed in full.

The Division 3 powers, when introduced, were cast as a transient response to an exceptional set of events, as a response to the perceived terrorism threat following the 9/11 attacks. However, more than two decades on, and what were once powers of unprecedented and exceptional reach, are now a permanent feature of Australia’s legal landscape. Given the reduction in the threat of terrorism, coupled with the fact that Division 3 powers have rarely been utilised, the powers given to Australian Security Intelligence Organisation (ASIO) under Division 3 are now well beyond the scope of what is reasonably necessary. They overstep intelligence collection and veer into investigatory powers that are properly the purvey of law enforcement agencies.

WARNING: This blog contains the name of an Aboriginal person who has died.

Lowitja O’Donoghue, a Yankunytjatjara woman, Australian activist and leader died on Sunday on Kaurna Country in Adelaide. Today the NSWCCL pays tribute to her life and work which led  groundbreaking reforms for Indigenous peoples across the nation.