As one of the most racially and ethnically diverse nations in the world an effective statutory protection against race hatred is an essential safeguard for national harmony. NSWCCL believes the main issue with s18C centres on the lack of clarity of its terms. NSWCCL recommends only those amendments necessary to bring the section in line with its interpretation in case law and/or Australia’s international human rights obligations

View submission

The Australian Parliament is currently debating a Bill to reform the Senate electoral processes. It is very dismal listening: much abuse, much nonsense, and very little intelligent analysis.  And all happening in a last minute dash.  

Not Parliament at its best.

NSWCCL supports immediate reform of the distorted and undemocratic Senate electoral processes. We have urged this since the 2013 elections so dramatically illustrated the undemocratic processes and outcomes of this broken system.  We have made a submission to the Joint Committee on Electoral Matters supporting a Bill which, if amended on one key matter, will deliver that reform.

This Bill is supported by the Government, the Greens and Senator Xenophon.  The ALP and the other cross benchers vehemently oppose it.  Perceived electoral self-interest appears to be the common driver- with the possible exception of the Greens.

This is such a shame. Two years ago there was constructive consensus from all major players and Xenophon on the need for immediate action and for a comprehensive reform package recommended by a unanimous parliamentary committee report. This report was scathing in its criticism of the 2013 Senate election process and urged Parliament to act quickly so that Australian electors should not have to go to another election under  the current system.

Sadly both the Government and the Opposition failed to act then. 

The current Bill provides a second, albeit belated, opportunity to enact these crucial reforms. It must  be amended to fully implement the Committee’s 2014 recommendations to allow partial optional preferential voting below the line.  This is an imperative if we are not to have an inconsistent and flawed new system.   

NSWCCL understands the self-interest electoral pressures on parties especially in the context of a mooted double dissolution in an extremely overheated political environment.  However,  on an issue as fundamental as the right of electors to be able to choose who they vote for, to control the allocation of their preferences and to not vote for candidates they don’t support , we have a right to expect our political parties and parliamentarians  to put democracy first.

NSWCCL supports immediate reform of the distorted and undemocratic Senate electoral processes. We have urged this since the 2013 elections so dramatically illustrated the undemocratic processes and outcomes of this broken system.

View submission

The report by the Independent National Security Legislation Monitor –Roger Gyles QC - on the controversial section 35P provisions of the ASIO Act was tabled in the Senate on 2^nd February.   These provisions created draconian offences with penalties of 5 and 10 years imprisonment for disclosure by any person of any  information relating to ASIO ‘Special Intelligence Operations’ (SIO) at any time.  

NSWCCL, along with the other councils for civil liberties, strongly opposed both the SIO regime and these provisions for their chilling effect on the media and on reasonable scrutiny of ASIO.  The controversy around these offences forced the Prime Minister to ask the INSLM to review their impact on journalists.  

The report is thorough and suggests the INSLM gave proper and serious consideration to the informed criticisms of the SIO regime and the obnoxious disclosure offences.   His findings on the offences are consistent with our views. His recommendations remedy some of the worst aspects of the offences – but sadly fall short of repealing them.

The Government has said it will implement the INSLM’s recommendations in full. 

The highly controversial Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 was introduced into Parliament in June 2015. It will come back to the Australian Parliament later today in a significantly amended form following the Government’s acceptance of recommendations from the Parliamentary Joint Intelligence and Security committee (PJCIS).  It is likely to be dealt with quickly and passed this week.

NSWCCL recognises that the amended Bill will be a significantly improved and far less dangerous version.  We welcome these changes, but remain disturbed by, and opposed to, expanding citizenship-stripping laws.  Australian citizens who are alleged to have engaged in terrorist related activities should be charged, taken to trial and, if found guilty, punished and imprisoned in Australia. To expel them from the polis is to place the person outside the reach of the State’s legal system. It will not make us safer. 

NSWCCL supports the draft guidelines. They provide for satisfactory arrangements concerning the rights of providers of gametes or embryos, of the birth mothers and their partners, and of children who may be born as a result of the use of technology. We applaud the support for the autonomy of all involved, and their rights to ‘detailed, accurate, contemporary and relevant information’ concerning the procedures and concerning the legal and other consequences of their decisions.

View submission

The National Health and Medical Research Council has published draft ethical guidelines on the use of assisted reproduction technology in clinical practice and research. 

Responding to an invitation to comment, the NSWCCL has made a submission that supports these draft guidelines, applauding the NHMRC for their support for the autonomy of all involved and their rights to detailed, accurate, contemporary and relevant information concerning the procedures, legal consequences and otherwise of their decisions.

Some questions for which further comment is requested of the NHMRC include, (1) Payment for the risks and labour involved in egg donation, (2) Sex selection on non-medical grounds, and (3) the potential establishment of an Australian egg bank. 

Read the full submission here

If enacted, the Bill would amend the Australian Citizenship Act 2007 (Cth) (“the Act”) in an untested and radical way. It presents a significant threat to the separation of powers and the rule of law. Indeed, the Bill is founded on a significant reconceptualisation of the relationship between the State and the citizen.

View submission

NSWCCL recently made a submission to the NSW Sentencing Council’s Review of proposals relating to sentencing provisions for alcohol and drug fuelled violence. The review was initiated by proposals made from the Thomas Kelly Youth Foundation. 

The Attorney General has asked the Sentencing Council to examine issues raised by the section 21A of the Crimes (Sentencing Procedure) Act 1999. NSWCCL's submission outlines a number of concerns relating to the proposed changes, including:

• There is no demonstrated need to introduce a mandatory aggravating factor where the offender was under the influence of drugs or alcohol. This should not be introduced since it would fetter the discretion of a sentencing judge, who can already take intoxication into account in sentencing, and the definition as proposed is unnecessarily broad. 
• The concept of vulnerability should not be expanded as proposed with a new definition. This is unnecessary as CCL considers that vulnerabilities as defined in the proposal are already covered under the Act. 
• In relation to any other sentencing measures that might be considered, CCL highlights that mandatory sentences for offences committed under the influence of alcohol already in place in the Northern Territory appear to have been unsuccessful in reducing their incidence.

Finally, NSWCCL urges the Government to provide a response to the recommendations made in the NSW Law Reform Commission 2013 Report on Sentencing given its relevance to the proposals in this review.

Read the full submission here. 

NSWCCL has made a submission to the Senate Legal and Constitutional Affairs Legislation Committee arguing that Copyright Amendment (Online Infringement) Bill 2015 – a ‘de facto’ internet filter – should not be passed. In CCL’s view, website blocking is not a proportionate response to copyright infringement, and has major implications for freedom of speech.

The submission identifies a number of key issues in the Bill, including procedural fairness, the broad scope of the proposed legislation, and the potential negative implications for virtual private networks (VPNs), cloud storage providers, and whistleblowers. CCL has provided a number of recommendations addressing these concerns should the Bill continue to proceed through Parliament against CCL’s recommendation. 

Read NSWCCL's full submission here.