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to freedom of movement, freedom of speech, freedom of assembly and freedom of political communication, and ought to be repealed.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.

We think these terrible laws should be repealed. 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.

The New South Wales Legislative Assembly Committee on community safety in regional and rural communities is focused on investigating drivers of youth crime in regional and rural NSW and how community safety can be improved.

Rather than empowering the Government to criminalise more conduct, increase sentences, and more permissively incarcerate people, we urge the Committee to look to solutions which focus on the causes of crime, harm minimisation and creating connected and inclusive communities where children can thrive.

Cannabis is criminalised in New South Wales (NSW) with use, possession, cultivation and supply being the key offences. Cannabis has long been the most widely used illicit drug in Australia. In 2022–2023, 11.5% of people in Australia had used cannabis in the previous 12 months, around 2.5 million people. In comparison, the next most common illicit drugs (cocaine and ecstasy) were used by around 3% of Australians.

The NSW Council of Civil Liberties submits that the proliferation Artificial Intelligence (AI) poses significant risks to the civil rights of the Australian public, despite providing many new social and economic opportunities. As it stands, Australia’s regulatory system fails to fully address and balance these risks against the wealth of opportunities – an issue that will grow with increased use of these technologies.

Our submission responds to two issues arising out of the Terms of Reference presented by the Select Committee on Adopting AI: (e) opportunities to foster a responsible AI industry in Australia; and (f) potential threats to democracy in institutions from generative AI.

The NSW Council for Civil Liberties (NSWCCL) welcomes the opportunity to make a submission to the Senate Finance and Public Administration Reference Committee about the Inquiry into access to Australian Parliament House by lobbyists.

Our full submission is below.

Australia is a signatory to both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on the Elimination of all forms of Racial Discrimination (ICERD). These instruments impose obligations to prohibit discrimination solely based on race, colour, sex, religion or social origin. The ICCPR also functions to protect individuals' freedom of expression, whilst acknowledging this freedom is not without limits.

While Australia's international obligations are not solely responsible for the NSW Government's decision to introduce offences intended to prohibit discrimination against individuals or groups based on special characteristics, key instruments (such as the ICCPR and ICERD) provide important social and political context to the legal background.

Section 93Z was introduced to the Crimes Act in 2018, creating an offence of publicly threatening or inciting violence on the grounds of certain characteristics held by a person or group of persons. These characteristics include a person's race, religion, sexual orientation, gender identity, intersex or HIV/AIDS status.

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.

The NSWCCL opposes outdoor alcohol restrictions in public places, including alcohol-free zones and alcohol prohibited areas in parks and public spaces. We argue that these restrictions impede on freedom of movement and disproportionately affect marginalised individuals. Instead, we advocate for evidence-based harm minimisation programs and support services.

Our full submission is below. 

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.