NSW Council for Civil Liberties

Last updated
NSW Council for Civil Liberties
Formation1963
TypeNon-profit
PurposeCivil liberties advocacy
Headquarters Sydney
Region served
New South Wales
President
Lydia Shelly
Website http://www.nswccl.org.au/

Founded in 1963, the charter of the NSW Council for Civil Liberties is to protect the rights and liberties of Australian citizens (as long as they do not infringe on the rights and freedoms of others) and to oppose the abusive or excessive exercise of power by the state against its people. [1]

Contents

The council has a committee elected by volunteers whose primary role is to influence public debate and government policy on a range of human rights issues, aiming to secure amendments to laws and policies which are perceived to unreasonably abridge civil liberties. Additionally, it may provide authoritative support and legal representation to citizens and groups facing civil liberties problems. Typical issues have included advocacy of a bill of rights, the death penalty, prisoners issues, free speech, sniffer dogs, double jeopardy, freedom of information, the right to protest, ATSI (Aboriginal and Torres Strait Islanders) rights, asylum seekers, drug reform and privacy.

Organisation

The council elects a committee of volunteers to manage the operation of the organisation. This committee consists of 15 ordinary members. This is in addition to the NSWCCL Executive. The current Executive are:

President - Lydia Shelly

Secretary - Tim Roberts

Treasurer - Stephen Blanks

Funding

The council is primarily funded through annual subscriptions of members, donations, and other sources as determined by the Committee. It is an incorporated organisation. [2]

Positions

Mandatory sentencing

Police powers

The council has historically criticised overreach and the extension of powers by law enforcement agencies and especially the NSW Police. In 2020, the NSWCCL expressed concern that the setting of targets for searches by the NSW Police meant that police officers were breaching the law and conducting illegal searches. [3] In 2024, they criticised the proposed introduction of 'wanding' powers for the police in an attempt to reduce knife crime in NSW. [4]

Death penalty

In 2015, the NSWCCL joined other human rights groups to launch a 'blueprint' for what steps the Australian Government must take to end the death penalty across the world. This included pushing for a universal adoption of a global moratorium on the death penalty and putting in place stronger legislation to prevent the Australian Federal Police from sharing information to other law enforcement agencies which might result in the use of the death penalty. [5]

Free speech

In 2023, the council expressed concern over proposed hate speech laws by the NSW Government and the President, Lydia Shelly, stated "We must not allow changes to our laws that will see our capacity to challenges ideas, positions and beliefs be taken away from us.” [6]

Government surveillance

The NSWCCL's position is that the Australian government must have the "prior informed consent" of citizens for any communications surveillance or data collection it engages in. [7] The Council has repeatedly called for the creation of a Public Interest Monitor which would have the power to review applications for surveillance device warrants, to request further information about the warrant, and to address the person or body which has issued the warrant. [8]

Terrorism laws

The organisation has noted the encroaching on "the fundamental rights and liberties of Australians" by onerous counter-terrorism laws. [9] [10] In October 2023, the NSWCCL submitted that the proposed Counter-Terrorism and Other Legislation Amendment Bill 2023 is "unjustified, disproportionate, and should be rejected in its entirety" on the basis of extending secrecy provisions and the control orders. [11] Earlier work by the NSWCCL include a submission to in the inquiry into the Anti-Terrorism Bill (No.2) 2005, where the Council criticised the Bill as it effectively "repeals common law rights". [12]

LGBTQI+ rights

The council has a long history of advocacy for LGBTQI+ rights and as recently as November, 2022, adopted a formal policy. This document reiterates the Councils position for many LGBTQI+ rights issues including: supporting a ban on LGBTQI+ conversion practices, opposing the privileging of religious rights at the expense of LGBTQI+ ones, and also opposing any discrimination in healthcare and education settings. [13] [14]

Privacy

Former President of NSW Council for Civil Liberties Stephen Blanks raised questions about the use of drones for police investigations of crime scenes. In June 2015 Blanks said,"There are obvious benefits for crime investigation as long as guidelines are in place which clearly say how the information is going to be used and how inappropriate access is going to be prevented." [15]

Early years

Founding in 1963

1960s & 1970s

1980s & 1990s

Modern Era

1998 and Cameron Murphy

11 September 2001

2000s

Paul Lynch MP, Shadow Attorney General acknowledges the contribution of the NSWCCL in Parliament in November 2013 on the occasion of its 50th anniversary. [16]

Terrorism and Civil Liberties

In a recent speech to the NSW Council for Civil Liberties, High Court Justice Michael Kirby delivered an important reminder to all civil libertarians:

"Let there be no doubt that real terrorists are the enemies of civil liberties...

"Nevertheless...we must also recognise...the need to draw a distinction between 'terrorists' and those who are simply objecting to injustice as they see it. In his day, Mahatma Gandhi was certainly called a terrorist. So was Nelson Mandela...

"[We must also recognise] that, in responding to violent antagonists, democratic communities must do so in a way, as far as possible, consistent with the defence of civil liberties."

In 2022 the organisation signed an open letter objecting to increased penalties for protestors under the Roads and Crimes Legislation Amendment Bill.

Related Research Articles

<span class="mw-page-title-main">Patriot Act</span> 2001 United States anti-terrorism law

The USA PATRIOT Act was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute.

Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.

<span class="mw-page-title-main">Foreign Intelligence Surveillance Act</span> 1978 United States federal law

The Foreign Intelligence Surveillance Act of 1978 is a United States federal law that establishes procedures for the surveillance and collection of foreign intelligence on domestic soil.

Three anti-terrorism bills were enacted in the Australian Parliament in 2004 by the Howard Coalition government with the support of the Labor Opposition. These were the Anti-terrorism Bill 2004, the Anti-terrorism Bill 2004 and the Anti-terrorism Bill 2004.

<span class="mw-page-title-main">Anti-Terrorism Act 2005</span> Counter-terrorism Act of the Parliament of Australia in 2005

The Anti-Terrorism Act 2005 (Cth) is an Act of the Parliament of Australia, which is intended to hamper the activities of any potential terrorists in the country. The counter-terrorism law was passed on 6 December 2005.

The Australian Muslim Civil Rights Advocacy Network (AMCRAN) was established in April 2004 after the arrest and detention of medical student Izhar ul-Haque in Sydney on terrorism related charges of attending a training camp in Pakistan. The organisation aims to prevent the erosion of the civil rights of all Australians, and to do this through providing a Muslim perspective in the civil rights debate. It engages in political lobbying and legislative reform, grassroots community education, collaboration with both Muslim and non-Muslim organisations on civil rights, and communication to wider Australian society through the media.

<span class="mw-page-title-main">Prostitution in Australia</span>

Prostitution in Australia is governed by state and territory laws, which vary considerably, although none ban the selling of sex itself.

<span class="mw-page-title-main">Human Security Act</span> Philippine law

The Human Security Act of 2007, officially designated as Republic Act No. 9372, was a Philippine law that took effect on July 20, 2007. The law, which was watered-down after opposition from some politicians and rights groups feared the legislation would endanger human rights, was aimed at tackling militants, particularly the Abu Sayyaf, in the southern Philippines.

The Violent Radicalization and Homegrown Terrorism Prevention Act of 2007 was a bill sponsored by Rep. Jane Harman (D-CA) in the 110th United States Congress. Its stated purpose is to deal with "homegrown terrorism and violent radicalization" by establishing a national commission, establishing a center for study, and cooperating with other nations.

<span class="mw-page-title-main">Terrorism Suppression Act 2002</span> Act of the Parliament of New Zealand

The Terrorism Suppression Act 2002 is New Zealand counter-terrorism legislation passed under the Clark-led Labour government. Enacted following the September 11 attacks in the United States, the Act was designed to better address contemporary terrorism issues, both domestically and abroad. Until May 2019, the Act had not been formally used in a prosecution; however there were several failed attempts by the Crown to do so. Many individuals and organisations have however been designated as "Terrorist entities" under the Act's provisions, in line with UN Security Council designations. The Act was amended in 2007. In May 2019, a charge of engaging in a terrorist act was laid against Brenton Tarrant, the perpetrator of the Christchurch mosque attacks, under section 6A of the Act.

Civil liberties in the United Kingdom are part of UK constitutional law and have a long and formative history. This is usually considered to have begun with Magna Carta of 1215, a landmark document in British constitutional history. Development of civil liberties advanced in common law and statute law in the 17th and 18th centuries, notably with the Bill of Rights 1689. During the 19th century, working-class people struggled to win the right to vote and join trade unions. Parliament responded with new legislation beginning with the Reform Act 1832. Attitudes towards suffrage and liberties progressed further in the aftermath of the first and second world wars. Since then, the United Kingdom's relationship to civil liberties has been mediated through its membership of the European Convention on Human Rights. The United Kingdom, through Sir David Maxwell-Fyfe, led the drafting of the Convention, which expresses a traditional civil libertarian theory. It became directly applicable in UK law with the enactment of the Human Rights Act 1998.

<span class="mw-page-title-main">Queensland Council for Civil Liberties</span> Australian civil liberties organisation

The Queensland Council for Civil Liberties (QCCL) is a voluntary organisation in Australia concerned with the protection of individual rights and civil liberties. It was founded in 1966 in order "to protect and promote the human rights and freedoms of Queensland citizens." The QCCL is regularly asked by the Government to make submissions to committees, which is how bills are made in Parliament. These submissions cover issues such as closed circuit television, abortion law reform, sentencing issues in our court system and changes to legislation already in place, which are called amendments.

The Protecting Children from Internet Predators Act was a proposed amendment to the Criminal Code introduced by the Conservative government of Stephen Harper on February 14, 2012, during the 41st Canadian Parliament.

Mass surveillance in Australia takes place in several network media, including telephone, internet, and other communications networks, financial systems, vehicle and transit networks, international travel, utilities, and government schemes and services including those asking citizens to report on themselves or other citizens.

The Surveillance Devices Act 2007 (NSW) (“the Act”) is a piece of privacy legislation enacted by the Parliament of New South Wales the most populous state in Australia. It replaced the Listening Devices Act 1984 (NSW). The Act makes it an offence to record private conversations apart from in specific and defined circumstances. It makes provision for law enforcement officers to apply for warrants authorising the use of such devices and the circumstances in which judges of the Supreme Court of New South Wales might issue such warrants.

<span class="mw-page-title-main">Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015</span> Act of the Parliament of Australia

The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015(Cth) is an Act of the Parliament of Australia that amends the Telecommunications (Interception and Access) Act 1979 (original Act) and the Telecommunications Act 1997 to introduce a statutory obligation for Australian telecommunication service providers (TSPs) to retain, for a period of two years, particular types of telecommunications data (metadata) and introduces certain reforms to the regimes applying to the access of stored communications and telecommunications data under the original Act.

<span class="mw-page-title-main">David Anderson, Baron Anderson of Ipswich</span> British barrister and life peer (born 1961)

David William Kinloch Anderson, Baron Anderson of Ipswich, is a British barrister and life peer, who was the Independent Reviewer of Terrorism Legislation in the United Kingdom between 2011 and 2017. On 8 June 2018 it was announced that he would be introduced to the House of Lords as a cross-bench (non-party) working peer. On the same day he was appointed a Knight Commander of the Order of the British Empire (KBE), for services to national security and civil liberties, in the Queen's 2018 Birthday Honours.

<span class="mw-page-title-main">Anthony D'Adam</span> Member of the New South Wales Legislative Council

Anthony Gerard Damien D'Adam is an Australian politician. He has been a member of the New South Wales Legislative Council since 2019, representing the Australian Labor Party.

In Australian criminal law, reasonable and probable grounds most prominently regulates police officers as a precondition of the exercise of certain powers in their function as enforcers of the law. Based on Australian common law, it is a prerequisite of most police powers. In Canada, it is defined as the point where probability replaces suspicion based on a reasonable belief; reasonableness is a legitimate expectation in the existence of specific facts, and the belief in individual circumstances can be "reasonable without being probable." Less-clearly defined in Australia, it depends on the circumstances of a case and often involves an assessment of the circumstances of a potential crime.

The Parliament of New South Wales passed the Roads and Crimes Legislation Amendment Bill 2022 on 1 April 2022. The legislation amended the Roads Act 1993 and the Crimes Act 1900 to create new criminal penalties for protest activities. The incumbent Liberal-National Coalition Government introduced the Bill on 30 March 2022 to curtail the use of Non-violent direct action tactics by climate change protestors. The Parliament passed the Bill in the context of repeated disruptions to peak hour traffic on the Spit Bridge by Fireproof Australia activists and the use of Lock-on devices at Port Botany and in the Hunter Region by Blockade Australia. The NSW Greens and Animal Justice Party attempted to Filibuster the Bill in the New South Wales Legislative Council; however, the Government ultimately passed the legislation with the support of the NSW Labor Opposition.

References

  1. Justice for Everyone on official website. Retrieved 1 August 2021
  2. https://assets.nationbuilder.com/nswccl/pages/83/attachments/original/1671078126/Nov_2022_Updated_NSWCCL_Constitution_final_%281%29.pdf?1671078126
  3. https://www.smh.com.au/national/nsw/nsw-police-personal-search-targets-revealed-20200211-p53zmv.html
  4. https://www.abc.net.au/news/2024-05-07/nsw-police-to-get-wanding-powers-no-warrant-search-for-knives/103810954#
  5. https://www.thejakartapost.com/news/2015/05/21/australian-laws-must-reflect-opposition-death-penalty-groups.html
  6. https://www.theguardian.com/australia-news/2023/nov/15/free-speech-advocates-at-odds-with-faith-groups-over-nsw-hate-speech-law-overhaul
  7. https://www.nswccl.org.au/global_surveillance_and_data_collection_2013
  8. https://d3n8a8pro7vhmx.cloudfront.net/nswccl/pages/601/attachments/original/1418077111/2013_submission_surveillance_devices_act.pdf?1418077111
  9. https://www.nswccl.org.au/counter_terrorism_laws
  10. https://www.abc.net.au/news/2015-10-13/terrorism-laws-to-protect-against-incitement-of-genocide/6848582
  11. https://assets.nationbuilder.com/nswccl/pages/6665/attachments/original/1697074553/2023.10.06_NSWCCL_Submission_Review_of_the_Counter-Terrorism_and_Other_Legislation_Amendment_Bill_2023_%281%29.pdf?1697074553
  12. https://d3n8a8pro7vhmx.cloudfront.net/nswccl/pages/601/attachments/original/1418076326/2005_submission_anti_terrorism_bill_no_2.pdf?1418076326
  13. https://www.nswccl.org.au/policy_lgbtqi
  14. https://cityhub.com.au/lgbt-activists-oppose-nsw-religious-vilification-bill-full-equality-no-exceptions/
  15. Olding, Rachel (16 June 2015). "Drones may be future of law enforcement but will they compromise civilian privacy?". The Sydney Morning Herald. Retrieved 13 July 2015.
  16. "Hansard of the Parliament of New South Wales".