Submission: The Partial Defence of Provocation
NSWCCL has made a submission to the Select Committee on the Partial Defence of Provocation.
The NSW Council for Civil Liberties reiterates its opposition to any significant changes to the existing partial defence in the absence of a compelling case to the contrary.
Submission: to Wollongong City Council concerning the draft CCTV Program - Code of Practice (the draft Code)
NSWCCL has made a submission to the Wollongong City Council concerning the draft CCTV Program - Code of Practice (the draft Code)
NSWCCL expresses concerns that the draft code introduces "unjustified invasions of privacy". We commend the Council on its proposal for a proposed CCTV Camera Program Evaluation Committee for further review of the draft code.
Submission: Inquiry into the right to silence of an accused person
NSWCCL has made a submission to the Criminal Law Review at the Department of Attorney General and Justice regarding the Inquiry into the right to silence of an accused person
The proposed bill will abolish the right of an accused person to decline to answer questions by police without any adverse inferences being drawn in a subsequent trial by the prosecution or the court. To propose that silence implies guilt or prevarications is irrational and contrary to the fundamental principle of the presumption of innocence.
Submission: Inquiry into Cybercrime Legislation Amendment Bill 2011
NSWCCL has made a Submission to the Joint Select Committee on Cyber-Safety regarding the Inquiry into Cybercrime Legislation Amendment Bill 2011
The submission raises a number of concerns, particularly the sharing of Australian information with foreign law enforcement agencies who may support torture/death penalty or may otherwise not employ appropriate protection and security measures concerning the highly sensitive and private nature of prospective data.
Submission: Inquiry into potential reforms of the National Security Legislation
NSWCCL has made a submission to the Joint Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding the Inquiry into potential reforms of the National Security Legislation.
NSWCCL accepts the argument that there is a need to update and rework the relevant legislation in light of technological advances and successive amendments. However, neither of these drivers, in themselves, provides justification for an extension of powers or reduction in accountability for intelligence and law enforcement agencies, nor for the further erosion of individual privacy, civil liberties and democratic values.
Submission: Statutory review of the Graffiti Control Act 2008 (NSW)
NSWCCL has made a submission to the Acting Director General at the Department of Attorney General and Justice regarding the statutory review of the Graffiti Control Act 2008 (NSW).
The submission questions the impact of harsh penalties such as imprisonment for a relatively minor offence, particularly on predominantly young perpetrators. It also addresses the Act's allowal of the removal 'graffiti' from private property provided that it is visible from a public place - this is an intrusion upon the owners right to property, owners should be free to paint their property or have it painted as desired without third party interference based on a subjective evaluation of the artwork/decoration.
Submission: Provision of alcohol to minors legislation
NSWCCL has made a Submission to the Provision of alcohol to minors legislation.
The submission argues that the proposed amendments extend unnecessarily beyond merely ensuring adequate supervision of liquor supply, and may unreasonably criminalise benign activities such as religious rituals involving supply of liquor to minors.
Submission: Review of Part Eight of the Crimes (Appeal and Review) Act 2001
NSWCCL has made a submission to the review of Part Eight of the Crimes (Appeal and Review) Act 2001
The legislation as presently embodied in Part 8 Crimes (Repeal and Review) Act 2001 (the Act) is contrary to the common law as it has developed over generations of cases here, in England and other common law countries. It is also in contravention of Article 14(7) of the International Covenant on Civil and Political Rights.
Australia has signed the International Covenant on Civil and Political Rights (‘the ICCPR’) and has made no reservations concerning double jeopardy or retrospectivity. Australia is therefore obliged ‘to respect and to ensure to all individuals within its territory...the rights recognised’ in the ICCPR, including the prohibitions against double jeopardy and retrospectivity.
NSWCCL proposes that the legislation be repealed.
Submission: Inquiry on the Aviation Transport Security Amendment (Screening) Bill 2012 [Provisions]
NSWCCL has made a submission to the inquiry on the Aviation Transport Security Amendment (Screening) Bill 2012 [Provisions].
CCL participated in the various consultations relating to body scanning over several years. We welcomed the significant moves that were taken to address some of the most intrusive aspects of the earlier proposals. Most significantly this included the move away from capturing raw body images to generic male and female ‘stick figure’ images and the prohibition of any storage of images or data about from the surveillance process.
Unfortunately, the proposed amendments do not deliver on all the protections for health and privacy which we understood would be Government policy.
Submission: Inquiry into law reform issues regarding synthetic drugs
The submission discusses the proven inefficacy of drug prohibition. It also highlights the inability for persons without a chemistry background to reasonably interpret the legality of over 200 banned substances as outlined in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW), making it extremely complicated for most people to understand what they are allowed to buy, possess or sell.
