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.

Out full submission is below. 

Currently, individuals incarcerated in NSW serving sentences of 12 months or more are ineligible to vote in state elections. However, federally, these restrictions only apply to those sentenced to at least three years of imprisonment. This discrepancy has prompted questions from civil rights groups in NSW, who are now urging the government to address this disparity and advocate for equal voting rights for all incarcerated individuals, regardless of the length of their sentence.

The NSW Council for Civil Liberties is among these groups. NSWCCL holds the position that inmates should not be denied the right to participate in this fundamental democratic process. Not only is this denial contrary to any potential rehabilitative outcomes that detention might serve for an inmate, but it also harms society as a whole.

Our president talks to The Project about search laws in NSW in the wake of the recent tragic attacks in Sydney involving knives.

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.

37 civil rights, union, and environmental organisations, together with the New South Wales Council for Civil Liberties (NSWCCL), are calling on NSW Labor to repeal the draconian protest laws first introduced two years ago.

Premier Chris Minns has been asked to conduct a public inquiry into the laws which have been said to create a “chilling effect on civil movements and social progress”. 

The laws in question, amendments to section 144G the Roads Act 1993, criminalise “serious disruption” to prescribed bridges and tunnels as well as all “main roads”, with a max penalty of $22,000, or two years in jail, or both.

NSWCCL said protest is a “fundamental democratic right” that allows us to “express our views, shape our societies and press for social change”.

The NSW Government confirmed this afternoon that there will be a public review into the state’s anti-protest laws after overwhelming public pressure.

This comes after 37 organisations and over 1000 individuals signed an open letter and petition demanding the review, and for it to be conducted transparently with the opportunity for public scrutiny.

In 2022, the NSW Government passed legislation to prevent protesting on major roads, bridges, tunnels, public transport and infrastructure facilities. This amended section 144G the Roads Act 1993 which criminalises serious disruption by entering, remaining on or trespassing on prescribed major bridges and tunnels, to include all main roads.

The first of April marked the two-year anniversary of the NSW government’s draconian antiprotest regime, which has effectively stamped out unsanctioned civil disobedience actions that cause public disruptions in order to raise public awareness to drastic issues not being addressed by government.

Two years on from this a coalition of civil society groups led by the NSW Council for Civil Liberties has formed, calling on NSW premier Chris Minns for a transparent review of these laws. The coalition includes Australian Democracy Network, Redfern Legal Centre, National Justice Project, Wage Peace, Australian Lawyers for Human Rights, the Australian Palestine Network, the Maritime Union of Australia, APAN and the Socialist Alliance, along.

With a review of the 2022 anti-protest laws currently in progress, the NSW Council for Civil Liberties is urging the NSW Labor government to incorporate public submissions into the process and ensure it is conducted with transparency.

NSWCCL have stated: "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"

The NSW Council for Civil Liberties (NSWCCL) strongly condemns the recent remarks made by the Leader of the Opposition, Peter Dutton, linking a pro-Palestine protest to the tragic events of the Port Arthur massacre. Such statements not only lack factual basis but also dangerously conflate unrelated issues, leading to misinformation and unwarranted associations.

Today, the NSW Council for Civil Liberties is appearing before the NSW Electoral Matters committee to call on the Committee to recommend that the current restrictions on prisoners right to vote in the NSW Electoral Act be removed.

The Council strongly believes that any exclusion of a person’s right to vote is a grave curtailing of the right to participate in a healthy democracy. This has a de-facto consequence of creating “tiers of citizenship” and does little to assist in the rehabilitation of incarcerated people when they have served their time.

The Council is also concerned about the disproportionate impact that the current restrictions on prisoners’ right to vote has on First Nations communities.

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 new 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 legislated review of the undemocratic “anti-protest” law is scheduled to take place after 1 April 2024 and will be carried out by the Department of Roads and the Attorney-General’s Department - the NSW Government has so far refused to commit to the review being open to the public and transparent. The right to protest cannot and should not be scheduled merely for a “departmental” review. 

The diversity of the organisations that have signed the open letter is significant. It evidences the grave concerns that are held by civil society organisations, unions, faith bodies, environmental and human rights organisations.

READ our open letter HERE.

READ our petition HERE.

The NSW Council for Civil Liberties has joined forces with 40 other advocacy and civil society organisations to send an open letter to Premier Chris Minns MP, demanding that he respect democratic process and conduct a public inquiry in the draconian NSW Anti-Protest Laws. Sign our Petition calling for an open and transarent reivew of these laws here.

To Premier Chris Minns, Attorney General Michael Daley and the Hon. John Graham:

We the undersigned call on you to address the vital issue of protecting the right to protest in our state. 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.

Two years on from the introduction of the draconian 2022 anti-protest laws, these laws are creating a chilling effect on civil movements and social progress. The barriers for a diverse range of groups to participate in protest action have been raised to an unattainable height due to risk of police interaction and escalated police violence, especially for groups such as First Nations people and individuals on temporary visas.

The review of these laws is scheduled to take place after 1 April 2024 and will be carried out by the Department of Roads and the Attorney-General’s Department. We call for the repeal of these anti-democratic laws - barring repeal, we call on you to ensure that this review will seek public submissions and be undertaken in a clear and transparent manner.

It is essential that members of the community, civil society organisations, legal experts, protesters and protest movements and other stakeholders are given the opportunity to publicly explain the grassroots impacts of these laws. We call on the government to commit to introducing a community consultation component into the statutory review of the 2022 amendments.

We would appreciate the opportunity to meet with you regarding the conduct of the legislative review and the opportunity for community consultation on the issue.

Signed,

In April 2022, the NSW Parliament passed legislation to prevent ‘illegal protesting’ on major roads, bridges, tunnels, public transport and infrastructure facilities. The new 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.

NSWCCL condemns these legislative changes in totality. Protest should not be confined to back roads.  We especially condemn the lack of proportionality of the punishment that can be imposed for offences committed by protesters. 

The review of these laws is scheduled to take place after 1 April 2024 and should consider the views of all stakelholders and community. Join us in the call for an open and transparent review!

Recently 19 individuals were arrested by police at Port Botany during a protest against the arrival of an Israeli cargo vessel responsible for transporting weaponry and resources for the Australian defense force. This protest was organised by the Palestine Justice Movement and Trade Unionists for Palestine. There were hundreds in attendance at the protest on Sunday evening, which finished with a march towards the primary access point on Penrhyn Road.

According to NSW Police, the protest was unauthorised, and some individuals disregarded police instructions.

The 19 individuals arrested were transported to Surry Hills Police Station and subsequently charged with offenses including obstructing roads or paths, failure to comply with police orders, and and remaining “near or on [a] major facility causing serious disruption”.

Those arrested were served court attendance notices to appear at Downing Centre Local Court in early May.

We are witnessing the largest Anti-War protest movement in Australia since the Vietnam War in response to the genocide occurring in Palestine.

The Council are aware that New South Wales police have arrested three protestors on Saturday 23 March 2024 at the Sydney protest, allegedly as a result of being unintentionally sprayed with drops of red dye as part of a “die in” at the front of the march.

We are also aware that New South Wales police arrested approximately seventeen protestors at the Port Botany protest late last night on Sunday 24 March 2024 and Legal Observers New South Wales are reporting that several police officers were allegedly wearing an “Australian flag patch with a thin blue line through it” that has been associated with right wing extremism.

The recent reports of the Australian government cancelling Australian visas of Palestinians fleeing Gaza mid flight has sparked calls for transparency.

Figures from the Department of Home Affairs show that the Australian government granted 2,273 temporary (subclass 600) visas for Palestinians with family in Australia between October 7 and February 6 this year. But there are reports of Palestinians having their visas cancelled mid flight or upon arrival to the airport. The reasons for the callelations are currently unclear. 

Since the beginning of the Israel Palestine conflict more that 31,000 Palestinians have been killed. Visa cancellations have left Palestinians stranded.

There is an injured 23-year-old man stuck in an Istanbul airport after his visa was cancelled en route to Australia. He cannot return to Egypt or leave the airport without a valid visa.

Premier Chris Minns is under intense scrutiny following the NSW Government's announcement of new legislation aimed at toughening the stance on youth crime, which will tighten the criteria for granting bail to young offenders.

The premier has dismissed the possibility of raising the age of criminal responsibility to 14, a move criticised as “knee-jerk law and order response”.

Moreover, teenagers who engage in "post and boast" behavior on social media will now face an additional two years added to their prison sentences.

These policy changes are framed as efforts to address rising crime rates in regional NSW according to government statements.

However, there are widespread concerns that these reforms may result in more children being incarcerated and could exacerbate the state's challenges in meeting the"Closing the Gap" targets.

Dear Attorney-General,

Freedom of information reform is long overdue.

We write to urge the Government to act on the recommendations made in the recent report of the Senate Legal and Constitutional Affairs References Committee’s inquiry into the operation of the Commonwealth Freedom of Information (‘FOI’) laws.

As you will be aware, the Committee unanimously acknowledged the need for urgent reform to the FOI system. The Committee’s report describes a highly dysfunctional, under-resourced FOI regime, citing multi-year delays, excessive use of exemptions, problematic interpretations of FOI laws, prohibitive expenses, and cultural issues within the Australian Public Service (‘APS’) and at the Office of the Australian Information Commissioner (‘OAIC’).

While in opposition, Labor rightly decried a culture of secrecy and impunity that thrived under the Morrison Government. Now in government, your department has taken positive steps toward remedying this, including establishing the National Anti-Corruption Commission and introducing legislation to establish the new Administrative Review Tribunal.

While we welcome these reforms, we note that the Albanese Government has continued to under-resource and under-prioritise the reform of FOI— a core transparency function, vital for restoring integrity and public trust in government.

The recommendations contained in the Senate Committee’s report represent a comprehensive, actionable blueprint for reform, and an opportunity for the Albanese Government to demonstrate its election commitment to open government and a strong democracy.

The long-awaited legislation to ban LGBTQ+ conversion practices was finally tabled by the Attorney General on Wednesday.

Dr. Amanda Cohn, spokesperson for NSW Greens spokesperson for LGBTQIA+ affairs described the changes as "overdue" and "welcome," yet emphasised the need for further progress. She highlighted the legislation's origins in the tireless advocacy of conversion practice survivors over the years, noting that while it now aligns NSW with standards seen in other states and territories, NSW still harbors the worst laws for LGBTQ+ individuals.

"As one example, NSW is the only jurisdiction that forces people to have invasive and medically unnecessary genital surgery to change their gender on official documents,” she said.

We understand that there are approximately 64 refugees remaining in Papua New Guinea, people we put there and have seemingly forgotten. 

We believe that to say that Australia has fully complied with the mutually agreed arrangement to support PNG’s independent management of people remaining in PNG is meaningless if it is not backed up with actual information about the welfare of this group.

Australia has an obligation to the people who remain in PNG. To believe otherwise would be dishonest and a failure of leadership, after all, we sent them there in the first place.