NSW Council for Civil Liberties

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]

NSW Council for Civil Liberties
Formation1963
TypeNon-profit
PurposeCivil liberties advocacy
HeadquartersSydney
Region served
New South Wales
Websitehttp://www.nswccl.org.au/

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

Stephen Blanks, President from October 2013

Cameron Murphy, President from October 1998 – October 2013

Kevin O'Rourke

John Marsden

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

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.[3] 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.[4]

Terrorism laws

The organisation has noted the encroaching on "the fundamental rights and liberties of Australians" by onerous counter-terrorism laws. [5] [6] 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. [7] 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".[8]

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.[9][10]

Privacy

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."[11]

Early years

1960s & 1970s
  • Ken Buckley

Modern Era

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.[12]

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."

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.nswccl.org.au/global_surveillance_and_data_collection_2013
  4. https://d3n8a8pro7vhmx.cloudfront.net/nswccl/pages/601/attachments/original/1418077111/2013_submission_surveillance_devices_act.pdf?1418077111
  5. https://www.nswccl.org.au/counter_terrorism_laws
  6. https://www.abc.net.au/news/2015-10-13/terrorism-laws-to-protect-against-incitement-of-genocide/6848582
  7. 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
  8. https://d3n8a8pro7vhmx.cloudfront.net/nswccl/pages/601/attachments/original/1418076326/2005_submission_anti_terrorism_bill_no_2.pdf?1418076326
  9. https://www.nswccl.org.au/policy_lgbtqi
  10. https://cityhub.com.au/lgbt-activists-oppose-nsw-religious-vilification-bill-full-equality-no-exceptions/
  11. 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.
  12. "Hansard of the Parliament of New South Wales".


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