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Welcome to this month's edition of The Civil Source. If you'd like to contribute or have an event of interest, please email us. <
In this edition || President's message // AGM - key policies and honorary life membership // Annual Dinner - Kirby & Simpson stir memories of first 50 years // CCL questions 'vexatious' charges against CSG protestors // Global surveillance - the civil libertarian's response Bill watch || Disturbing extension of police arrest powers // Zoe's Law passed in NSW lower house // Joint CCLs call for Brandis to consult on racial vilification clause
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Message from the President The beginning of the NSW Council for Civil Liberties second half century is an opportunity to reinvigorate the organisation and renew the everlasting struggle for proper recognition of civil liberties. The 50th anniversary dinner on 25 October was a truly inspirational event, providing reflection on the past, inspiration for the future, and demonstrating the extraordinary ability we have to reach political and judicial leaders. In the first fortnight of my presidency, we have been dealing with some traditional core issues in NSW: police powers to make arrests without warrant, vexatious prosecutions of protesters, and the sentencing of Leveridge over the killing of Thomas Kelly. More on these issues later in this newsletter.
NSW Council for Civil Liberties office@nswccl.org.au Suite 203, 105 Pitt St, Sydney, NSW 2000 PO Box A1386, Sydney South, NSW, 1235 Phone: (61 2) 8090 2952 Fax: (61 2) 8580 4633 - NSWCCL website - Renew membership - Donate now - Email us
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But our horizons are broader than this. As I mentioned in my address at the 50th anniversary dinner, the failure of the Senate voting system to produce a result that truly reflects the voting intentions of the electorate should be regarded as a significant civil liberties issue. We will watch closely the values of the new Federal government and how they play out in terms of policy. Of obvious current concern are the intention to legislate Andrew Bolt reforms to enhance free speech at the expense of protection against racial vilification, mistreatment of immigration detainees, and the failure to condemn massively intrusive telecommunications data collection and communications interception. These issues are all symptoms of the failure to have effective human rights protection in Australia. With issues like these, there is every reason for NSW Council for Civil Liberties to be an active and vital participant in the debate. There are many things which we need to do to in order to enhance NSWCCLs capabilities. Over the next few months, the committee will be developing an organised strategic plan. A concerted membership drive is one matter which must be undertaken. All of our existing members should be encouraging their friends and associates to join, and we should be actively recruiting university students. A larger membership is essential to enhancing our ability to address the issues that must be addressed. We have a renewed committee and executive for 2013-14, and I particularly welcome our new committee members. This will be a hard-working committee, but I hope that there will be rewards for those who dedicate themselves to fulfilling the Councils ambitions. As always, you are welcome to participate in the Councils activities. Committee meetings will be held on the 4th Wednesday of each month at 6pm in the Council Chambers of the Sydney Town Hall, and you are welcome to attend. Details of subcommittees that you can join and contribute to will be circulated following the next committee meeting. Stephen Blanks President CCL in the media
22 November 2013 Offensive free speech 21 November 2013 Media Watch attacks the credibility of the woman at the centre of the Nathan Rees scandal 20 November 2013 Justified force or violent arrest? Footage questions police taser use 4 November 2013 Magistrate throws out vexatious police case against CSG protestors 16 October 2013 Tamil refugee tried to hang himself in detention, asylum advocates say
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Wednesday 27 November Monthly Committee Meeting Friday 29 November Politics in the Pub: Long Overdue need for a human rights act for Australia Stephen Blanks speaking Tuesday 10 December 2013 Human Rights Awards Cameron Murphy finalist in individual category
Come along to our next Committee meeting! 6pm Wednesday 27 November Sydney Town Hall in the Council Chambers, entry via George St
NSWCCL's AGM endorses key policies and confers honorary life membership
Our 50th anniversary AGM was held at Sydney Town Hall in October. About 40 members came to participate in selecting the new committee and executive and to discuss and decide policy on key civil liberties issues. It was a special occasion, not only because of the half century marker, but because there was a significant change in the leadership of the organisation. Cameron Murphy, after 13 years as President, declined to stand again and Stephen Blanks was elected unopposed as the new President. Lesley Lynch was elected unopposed to replace Stephen as Secretary and Sacha Blumen was elected as a Vice President to replace David Bernie who also retired from a long and productive period in the role. For the first time in many years we had the extremely welcome problem of more candidates than places both within the Executive and for the Committee forcing us into a ballot for the 3 Vice Presidents positions. Several nominees for the committee on seeing the oversubscribed list chose to withdraw nominations thus avoiding a ballot. The new executive/committee provides a goodly mix of healthy continuity and new faces and renewal. Cameron gave an account of his 13 years as President and, in a fitting response, the members exercised their right to make him an honorary life membership in recognition of:
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Many years of advocacy for civil liberties, human rights and anti-discrimination in a range of contexts thirteen years of effective strategic leadership of NSWCCL in the face of considerable challenges to civil liberties post 9/11 his personal contribution in sustaining the strong public profile and reputation of NSWCCL as an independent defender of civil liberties
The meeting also endorsed a number of significant policy decisions in the areas of asylum seekers, global surveillance and data collection, whistleblowers, free media and the right to know and censorship. These policy decisions will drive much of our work over the coming year.
Elections at the AGM
Courtesy of the Deputy Lord Mayor Robyn Kemmis and the City of Sydney Council, members were able to enjoy refreshments and an
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hour of very lively discussion at the close of the meeting. Lesley Lynch Secretary
Newest CCL honorary life member Cameron Murphy introduces Michael Kirby at our annual dinner
She reminded us of the core civil libertarian principles developed by CCL and which still resonate, the intensity of internal debates such as the pivotal-if not always productive- what constitutes a civil liberties issue? and some of the recurring organisation tensions (eg whether the legal profession was too dominant within CCL). We invited Carolyn because we wanted someone who could speak with authority and experience about the glory days and the difficult days of CCL. Carolyn did that spectacularly well. For longstanding members she aroused many strong memories. For the younger people present she offered an insight into the history of a resilient, voluntary organisation which has played a huge role in protecting civil liberties in this country for half a century. Lesley Lynch Secretary Revisiting another annual dinner
The Hon Carolyn Simpson, keynote speaker at our 50th Anniversary, was an active participant in the most (in)famous of CCL's dinners, its 21st Anniversary in 1984. For those with a historical bent, visit our website for a riveting account of the riotous evening, including a terrific riposte to Premier Wran from the then CCL President John Marsden (p2) and the then Vice President Carolyn Simpson (p10).
Magistrate raises serious queries about reasons for police pursuit of protestors
NSWCCL was disturbed by strong statements made by Magistrate David Heilpern about a recent case in which he inferred possible collateral (political) reasons for a police prosecution. The case involved two protesters against coal seam gas mining on the North Coast in January 2013. While the Magistrate excluded this possibility from his reasons for judgement because of lack of evidence, he nonetheless dismissed all charges as a trivial, weak and vexatious. The question is - why did the police pursue such a weak case?
The case raises serious issues about the administration of criminal justice in NSW and we have written to the Commissioner of Police and the Minister for Police asking for an explanation for issuing a trivial, weak and vexatious charge against CSG demonstrators, and for assurance that no political purpose or pressure was involved. CCL has also asked the Ombudsman to investigate.
the Hon Justice Carolyn Simpson (centre) and the Hon Justice Virginia Bell AC (R) at our Annual Dinner
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BILL WATCH
Monitoring legislative changes and intervening when there are civil liberties issues is a very large part of the ongoing work of NSWCCL. In recent times this has been particularly intense. This month we have been concerned with one Commonwealth and four NSW issues. For NSW - the so called Zoes Law Bill; a bill to amend police powers of arrest without a warrant; a bill to legalise same sex marriage and a proposed bill to bring private education authorities under the Anti-Discrimination Act in relation to discrimination against gay students. At the Commonwealth level our concern is with consultation around changes the Attorney General has flagged for the Racial Discrimination Act. Same sex marriage bill defeated
A Bill to legalise same-sex marriage in NSW was narrowly defeated (21 votes to 19) on 14 November in the NSW upper house. Penny Sharpe (ALP) introduced the Bill following drafting in a cross-party working group. Premier Barry O'Farrell disappointingly withdrew support for the Bill, claiming the issue was a Commonwealth one. It doesn't appear likely that a new bill will be introduced until after the state elections in 2015.
before further progress through Parliament. Failing deferral, we proposed four significant changes to the proposed amendments to limit potential for future misinterpretation and abuse, to maintain existing objective benchmarks and to remove proposed new reasons which are vague and open to wide interpretation and abuse. For more detail read our letters on the NSWCCL website. These letters were copied to all members of the NSW Parliament. While our views were referenced by numbers of speakers in the debates in both houses, in the end only 5 members of the Legislative Council (all Greens) opposed the Bill and 32 others supported it. We will continue to lobby for access to the wider and ongoing review of the whole LEPRA Act which has now also been handed over to Whelan and Tink.
Alex has indicated that he has received support from the Minister for Education to ensure that the powerful Board of Studies will investigate claims of discrimination against LGBTI students. The Board has the very significant power to deregister schools. Alex has indicated he intends to re-introduce the Bill in the next session.
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Edward Snowden - recognised at our AGM along with Chelsea Manning & Julian Assange
Next steps
NSWCCL will write to Prime Minister and relevant Ministers urging Australia supports the joint German and Brazilian resolution that they have put before the United Nation General Assembly: The Right to Privacy in the Digital Age. Other CCL organisations in Australia will do so also. We will work with other CCLs to continue developing a policy response to this deeply complex area as it, and our understandings, develop. We will also be discussing the implications for the focus of the National ASIO Campaign as it reemerges in the new year. Lesley Lynch Secretary
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