Submission: Inquiry into the Migration and Security Legislation Amendment (Review of Security Assessments) Bill 2012
The New South Wales Council for Civil Liberties has lodged with the Senate Legal and Constitutional Affairs Committee a submission vehemently opposing the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill.
NSWCCL has made a submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding data retention and certificates of immunity for ASIO officers and their contacts
In this submission, NSWCCL addresses the following points:
- Opposing blanket data retention of all Australian's telecommunications metadata
- Response to police submissions concerning possible seeking of additional powers
- Opposing the proposal that ASIO officers be granted certificates of immunity from civil and criminal liability
NSWCCL has made a Submission to the Independent National Security Legislation Monitor
Questions addressed include:
- Is the last resort requirement for a questioning warrant under the ASIO Act too demanding?
- Are the time limits (e.g. 7 days detention for 24 hours questioning) applicable to questioning warrants too long, too short or about right?
- Are the time limits for questioning warrants where interpreters have been used commensurate with the limits applying otherwise?
- Are there sufficient safeguards including judicial review in relation to the surrender or cancellation of passports, in connexion with questi oning warrants?
- Is the abrogation of privilege against self-incrimination under a questioning warrant sufficiently balanced by the use immunity?
- Do the conditions permitting use of lethal force in enforcing a warrant sufficiently clearly require reasonable apprehension of danger to life or limb?
- Are the three several conditions for issuing a questioning and detention warrant stringent enough?
- Should anything be done about doubtful aspects of the constitutional validity of control orders and preventative detention orders under the Criminal Code?
NSWCCL has made a submission to the COAG Review of Australia's Counter-Terrorism Legislation 2012
Although terrorism has been a problem for hundreds of years, the Twin Tours attack in New York and the London and Bali bombings led to the passage of a great deal of legislation which might have been justified if the problem, like a war, could be expe cted to be concluded in a few years. However, it is plain—indeed, it was always plain— that terrorism is not going away. It is time to consider which of the laws we have passed should be kept, which modified, and which should be repealed.
An argument is also made for the need for an Australian Bill of Rights. Without a Bill of Rights, the courts in Australia are unable to protect people from laws that violate fundamental principles of international human rights law; that expose Australians and aliens to risks to their liberties.
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.
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.
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.
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.
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.