NSWCCL condemns the proposed amendments to the Legislation, as it is clear the changes intend to punish those who seek asylum from persecution, and who arrive in Australia by boat. In doing so, this Bill perpetuates the myth that asylum seekers who arrive by boat are ‘illegal’ and have no legal right to seek asylum.

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The NSW Council for Civil Liberties and the Muslim Legal Network of New South Wales have joined in this submission to highlight the fact that the Counter-Terrorism Legislation Amendment Bill (No.1) 2014, like the government’s other counter-terrorism laws, are simultaneously an attack on the civil liberties of all Australians and are, rightly or wrongly, perceived as a targeted attack on the Muslim community in Australia.

Summary of Recommendations:

• We strongly oppose the provisions regarding Part 5.3 of the Criminal Code Act 1995 (“the Control Order Regime”).
• We strongly oppose the provisions regarding the amendments to the Intelligence Service Act (“the Intelligence Act”).

The submission also attacks the unreasonable haste with which these new laws are being introduced, allowing a mere ten days for review and submissions. This does not allow reasonable time for public debate or informed decision making by members of parliament, which we believe amounts to an abuse of process by the Australian Government resulting in reckless lawmaking.

Click here for the submission

NSWCCL has made a submission to the Legal and Constitutional Affairs Committee of the Australian Senate concerning the Migration Amendment (Character and Visa Cancellation) Bill 2014. The main points of the submission are that:

• The procedure for applying the character test should be taken out of the hands of the minster and his or her delegates and given instead to a new, genuinely independent body. There should be an appeal on the merits on leave to the Federal Magistrate’s Court. 
• The various proposals to allow the minister to override the Administrative Appeals Tribunal (AAT) should be rejected. 
• The proposals to prevent an appeal to the AAT and other tribunals concerning decisions of the minister should be rejected, and replaced by entitlements to appeal. 
• Where convictions by foreign courts bear on the character test, provisions should ensure that only convictions for actions that would be criminal and subject to similar penalties in Australia may count. Furthermore, only convictions where the court procedures and standards of proof adopted are up to Australian standards should be accepted. 
• The whole bill is so full of faults and poor proposals it should be rejected.

Read the full submission. 

The whole bill is so full of faults and poor proposals it should be rejected, the NSWCCL's recommendations are detailed in the submission.

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Councils for civil liberties across Australia (New South Wales Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australia Council for Civil Liberties, Australian Council for Civil Liberties) have come together to make a joint submission on the Australian Government’s Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (the Bill).

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Councils for civil liberties across Australia (New South Wales Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australia Council for Civil Liberties, Australian Council for Civil Liberties) have come together to make a joint submission on the Australian Government’s Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (the Bill).

The submission address the following issues:

• Inadequate review timeframe
• Extension of sunset clauses to 2025
• Loose definitions and discretionary enforcement related to foreign incursion offences
• Freedom of travel to 'No-Go Zones'
• Scope of personal jurisdiction
• Potential for indefinite arbitrary detention in lieu of timely consent for prosecution from Attorney-General
• Advocacy offences an unreasonable imposition upon free speech
• Potential abuse of delayed notification warrants
• Unjustifiable revisions concerning travel document cancellation
• Unnecessary enhancement/broadening of customs officers detention powers
• Suspension of welfare payments retains right of review

NSWCCL has issued extensive public comment regarding this bill - read more here

Click here for the submission

Dr Lesley Lynch (NSWCCL Secretary) and Bill Rowlings (Civil Liberties Australia) gave testimony at the inquiry's public hearing on the 18th of August 2014. A supplementary submission was subsequently compiled offering more detailed comment regarding the discard of ministerial oversight of particular intelligence sharing between agencies

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NSWCCL has collaborated with other Australian civil liberties groups in making a submission to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014.

The CCLs accept that ASIO and other intelligence and security organisations must have the powers and resources necessary for the protection of national security including protection against the very real threat of terrorist activity in Australia- consistent with democratic values. However, where the proposed changes expand existing ASIO powers and/or weaken balancing safeguards and protections our endorsement is dependent upon persuasive evidence justifying such changes and clear demonstration that rights and liberties are not being unwarrantedly or disproportionately encroached upon

In our view, such persuasive evidence has not been provided to justify some of the new or enhanced security powers being proposed in this Bill.

Read the joint CCL submission here

Dr Lesley Lynch (NSWCCL Secretary) and Bill Rowlings (Civil Liberties Australia) gave testimony at the inquiry's public hearing on the 18th of August 2014. A supplementary submission was subsequently compiled offering more detailed comment regarding the discard of ministerial oversight of particular intelligence sharing between agencies

Read the supplementary submission here

The CCLs accept that ASIO and other intelligence and security organisations must have the powers and resources necessary for the protection of national security including protection against the very real threat of terrorist activity in Australia - consistent with democratic values. In our view, persuasive evidence has not been provided to justify some of the new or enhanced security powers being proposed in this Bill.

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The Joint Standing Committee on Electoral Matters today released its much anticipated interim report on its inquiry into the conduct of the 2013 federal election. The interim report deals with the Senate voting practices.  

NSWCCL commends this hugely important report and supports its recommendations for urgently needed reform to the Senate electoral process.

The Senate electoral system is in disrepute. In the 2013 elections, fundamental democratic principles were breached. Consequently, NSWCCL has seen reform of the Senate voting processes as one of the most significant, current civil liberties issues and has made two submissions and appeared to give evidence to the Committee.

The Committee is appropriately scathing in its assessment of the 2013 procedures -as a few quotes from the Foreward well illustrate: 

'The 2013 federal election will long be remembered as a time when our system of Senate voting let voters down.’

….‘Combined with pliable and porous party registration rules, the system of voting for a single party above the line and delegating the distribution of preferences to that party, delivered, in some cases, outcomes that distorted the will of the voter.’