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.
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
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
, the
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
, prisoners issues,
free speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been ...
,
sniffer dogs
A detection dog or sniffer dog is a dog that is trained to use its senses to detect substances such as explosives, illegal drugs, wildlife scat, currency, blood, and contraband electronics such as illicit mobile phones. The sense most used by d ...
,
double jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
,
freedom of information
Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigeno ...
, the right to
protest
A protest (also called a demonstration, remonstration or remonstrance) is a public expression of objection, disapproval or dissent towards an idea or action, typically a political one.
Protests can be thought of as acts of coopera ...
, ATSI (Aboriginal and Torres Strait Islanders) rights,
asylum seekers
An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and mi ...
,
drug reform and
privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively.
The domain of privacy partially overlaps with security, which can include the concepts of a ...
.
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.
Positions
Mandatory sentencing
Sniffer dogs
Tasers
Death penalty
Free speech
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. 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.
Terrorism laws
The organisation has noted the encroaching on "the fundamental rights and liberties of Australians" by onerous counter-terrorism laws. 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. 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".
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.
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."
Early years
Founding in 1963
1960s & 1970s
* Ken Buckley
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.
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...
"
e must also recognisethat, 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
External links
New South Wales Council for Civil Liberties- Official website
New South Wales Council for Civil Liberties: A Brief History
Organisations based in New South Wales
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