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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in Australia, their (limited) use does not justify their continued existence and ultimately, they are better repealed to be the subject of the outcome to the Electronic Surveillance Framework.
Read MoreWhat 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.
Read MoreWe begin by acknowledging that a physical assault or threat of such in relation to an individual does not give rise to any issue of freedom of speech, as we will come back to in relation to proposed section 80.2 BB. Threats are not in any proper sense part of the communication of information or opinion which is protected by freedom of speech.
Read MoreNotwithstanding our submission that doxing offences in the form contained in the Bill should not be introduced, we submit that; if it were to be introduced, doxxing should be an offence only to the extent it can be equated to harassment or stalking as the unacceptable behavior and consequences are similar.
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It is legitimate for the government to promote our personal safety by restricting information about how to make your own nerve gas but not legitimate for it to promote our safety by stopping political agitation which could, if unchecked, lead to widespread social conflict
Read MoreThe structure of the Act is intended to preserve Parliamentary sovereignty. However, it is our view that the application of the Act to any order or direction or similar exercise of rulemaking power by the executive which is not approved of or in some way subject to parliamentary scrutiny, does not infringe on parliamentary sovereignty
Read MoreAny set of rights is pretty useless if you do not have an environment in which you can enjoy them. To that end, we do support the inclusion in the Act of a right to a healthy environment
Read MoreThe implementation of a digital identity scheme in Australia is a significant step and it is imperative that this is approached in a way that is measured, transparent, comprehensively safeguarded and that the Australian community is fully informed as to all potential consequences of this path
Read MoreThere are new and draconian powers of warrantless stop and search once a person is the subject of a Firearms Protection Order
Read MoreMost persistent offenders acquire a criminal record, so one option is to increase the rate at which we imprison recidivist juvenile offenders. Even the most optimistic research to date suggests that incapacitation is not a very cost-effective way of reducing juvenile crime. The money we spend incarcerating juvenile offenders would, in many circumstances, be better spent treating or trying to rehabilitate them. There is good evidence that treatment for drug dependence is an effective way of reducing re-offending. There is also good evidence, despite earlier suggestions to the contrary, that it is possible to rehabilitate re-offenders using methods such as conferencing, cognitive behavioural therapy or training in basic life skills.
Read MoreThe rule against double jeopardy is not a rule designed to protect the guilty but to protect the innocent.
Read MoreThe issue is how do we meet the legitimate aims of this legislation whilst protecting the fundamental liberty rights at stake in the criminal justice process.
Read MoreThe implementation of a digital identity scheme in Australia is a significant step and it is imperative that this is approached in a way that is measured, transparent, comprehensively safeguarded and that the Australian community is fully informed as to all potential consequences of this path;
Read MoreThe important connection between a dog and their owner renders the destruction order a decision that should be a last resort and made with careful consideration. Destruction orders infringe upon the rights of the dog and the dog owner. However, the threat the dog poses to the community and the careful consideration that occurs for destruction orders renders such a decision appropriate and necessary to uphold community safety in the relevant circumstances.
Read MoreThe government's role as an intellectual arbiter of the truth in social and political debate must be constricted, if not completely denied. This is based on a deep skepticism about the good faith of those controlling the government. That skepticism flows from the fact that decisions about what is true or false, when made by those in power, are bound up with political perspectives of those in power. In that regard the government is not impartial when it comes to contested disputes about the facts underlying political life. This is not meant to be some conspiracy theory. It derives from the fact that in the words of Lord Acton “All power tends to corrupt.”
Read MoreIn our view, Australia should require any development or application of artificial intelligence to an authorisation and licensing process that primarily focuses on the human rights implication(s) and we submit that this approach ought to be consistently applied to State use of these computational processes as well as any private development or application
Read MoreCurrently, Australia is the last western democratic country to refrain from explicitly protecting their human rights in legislation, which has subsequent implications for the protection of human rights for Australian citizens
Read MoreThis broad definition of ‘information’ and over-classification of what amounts to ‘national security information’ has serious implications. Anything that could fall within these definitions could be withheld from the defendant (or, in civil proceedings, withheld from one party[1]), which relates to issues of due process discussed above. These broad definitions and scope of the Act increased the encroachment of the executive on due process and a right to a fair trial. As a result, the executive is given ‘enormous scope for unwarranted interference in the administration of justice’
Read MoreWe remain of the view that you cannot end racism and other pernicious ideas by censorship and policing. What needs to be done is to focus on addressing the root causes of why some people are attracted to such ideologies in the first place, including social isolation, growing economic insecurity and mistrust in government and the media.
Read MoreWe commend the Report as it addresses our submission and, in our view, is a significant and positive step towards the proper recognition and protection of Australians’ right to privacy.
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