The QCCL submits that there is no version of a PPD scheme that limits human rights in this way which could possibly be justifiable in accordance with section 13 of the Human Rights Act
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Associations of workers, consumers and residents must have legal standing as a remedy to regulatory capture and lackadaisical administration of laws designed to protect them from the powerful. This fundamental principle cannot be abrogated because of the alleged importance of some particular government interest. To the contrary the pressure that will come on the government to “do whatever it takes” to get have a successful games makes the risk of bad decisions and hence the need for a check on government even greater;
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The current project by the Commission ‘ticks all the boxes’ in relation to the primary principles guiding Law Reform Commissions namely independence, transparency, accessibility and coherence.
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“Whatever you think of people who perpetrate domestic and family violence, the idea that police could turn up to your property and have the power to throw you out of your own home without any intervention of a court should scare every Queenslander,” said QCCL President Michael Cope.
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“If we want to put justice fairness and equality at the heart of the Commonwealth Government’s decision making process we need a National Human Rights Act”
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Ms Green’s remarks, clearly fall within the bounds of protected speech. Criticising government policy is a cornerstone of a healthy democracy, and attempts to suppress such criticism, particularly within artistic expression, set a dangerous precedent. While public institutions may not always agree with the views expressed by individuals, it is wholly inappropriate for governments to use the withdrawal of financial support as a tool to punish or silence speech.
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It is a core belief of the QCCL that democracies are strengthened, not weakened, when space is made for peaceful dissent. A decision by the State Government to withdraw funding from the Queensland Music Awards due to one artist’s lawful political expression during an acceptance speech would set a deeply concerning and dangerous precedent.
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The removal of the “reasonable suspicion” requirement, or any other objective basis for the search, rendered the citizen extremely vulnerable to an arbitrary exercise of power, restrained only by the police officer's honesty
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"To those who say that these laws could have an impact on certain statutory decision-making schemes, we say that is what rights are meant to do. Rights are constraints on the exercise of discretions."
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The likely result of these laws is that responsibility for the commission of these crimes will be passed on to parents and other relatives who didn’t check the register or didn’t take some hypothetical steps rather than responsibility clearly and solely lying with the offender.
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It is submitted that in relation to the Commission making a public statement both in relation to the corruption assessment stage and at the conclusion of the Commission’s investigations, the Bill should be amended to make it clear that the provision contained within Section 65A(4)(g) namely “whether the statement may unreasonably damage the person’s health, safety or wellbeing or privacy or reputation” should be given significant weight by the Commission in deciding whether to issue a public statement.
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“Excluding people who must live their lives on public land from it is a callous and tyrannical exercise of power by a lucky majority against a minority of their less fortunate fellow human beings.” says Mr Cope
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It is our position that reverse onus offences are never justified, as the burden of proof should always be borne by the State, with its superior powers and resources. However, since this is unlikely to be accepted, we submit that if members of the public must have the burden of proving their innocence, then the evidentiary standard must be possible for a private citizen to feasibly challenge, and judges must have sufficient discretion to ensure a fair trial. The scheme as currently implemented satisfies neither of these criteria.
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In our submission, these powers should cease at sunset because they remain disproportionate to human rights protections in Australia, their (limited) use does not justify their continued existence and ultimately, they are better repealed to be the subject of the outcome to the Electronic Surveillance Framework.
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It has been found that, aside from the shame and humiliation associated with searches, disproportionate stop and search practices can also cause people to feel a diminished sense of belonging, fear, insecurity, anxiety, intimidation and helplessness.
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Our position is that the protection of political speech, which is in fact fundamental to any possibility of social advancement, requires that any restraints in it be extremely narrow
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Queenslanders rightly expect that young people entering the justice system, are not further encouraged to commit crime. Without appropriate rehabilitation measures, that may well happen.”
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What is truly extraordinary is that the Attorney, an experienced lawyer, has made a clear admission of the injustices that will be perpetrated in the future with no concerns for consequent human harm. That harm will flow not only to the incarcerated offenders but their later victims.
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“Restrictions on political expenditure are plainly restrictions on freedom of speech. However, restrictions on electoral expenditure are akin to the rules of debate in a meeting which restrict the length of speeches and provide for rights of reply. This feature of expenditure caps makes them more acceptable than donation bans or caps.”
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“There have been panics about the effect of technology on children since antiquity, extending to recent examples such as radio, television and comic books. We should not be taking such extreme action in response to this one”
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