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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in Australia, their (limited) use does not justify their continued existence and ultimately, they are better repealed to be the subject of the outcome to the Electronic Surveillance Framework.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 MoreIt 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.
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 MoreMr Cope say, “The starting point must be that you don’t need to be a believer to teach mathematics. Religious affiliation or views are irrelevant to who is employed in school outside religious education classes, religious ceremonies and key leadership positions. The government is simply allowing religious groups to impose their views on others. This violates the principal of equality for all in worship.”
Read MoreThe police have made it clear that they will be exercising a discretion as to who is searched - they will be “judicious” and elderly people will have nothing to fear. Research from Australia and overseas indicates that police assessments of whom to search or question are often based on generalizations and negative stereotypes that are in part attributable to ethnic bias.The Review found that the use of unwarranted generalizations and stereotypes is what happened during the trial
Read MoreWe are particularly troubled by the objectives apparently underpinning the legislation, including exclusion of entire nations from migration to Australia, further criminalisation and exposure to imprisonment and detention of people seeking safety in Australia, and circumvention of the impact of a prospective High Court decision regarding unlawful administrative detention.
Read More“In the nineteenth century the eight-hour day campaign led to laws that protected the rights of workers to leisure and private time. If steps are not taken modern technology will slowly but surely eviscerate those hard-won rights. This is why we need an effective right to disconnect” says Michael Cope
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It is a matter of the most critical importance that the Australian Government and the Australian Army make it clear in respect of any military person who is seconded or appointed to any arm of Australia’s Military Forces that they be of the highest calibre and absolutely beyond reproach in respect of their human rights record.
Read MoreThe rule against double jeopardy is not a rule designed to protect the guilty but to protect the innocent.
Read Morein our view the Federal Act should contain a provision similar to Commonwealth anti-discrimination legislation which provide that the Act is not intended to exclude or limit the operation of a law of a state (or territory) that furthers the objects of the Act and is capable of operating concurrently with the Human Rights Ac
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 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 MoreIt is this nightmare we have come to discuss today in the form of the use of ‘AI’ to make decisions that could impact a person’s access to benefits or services, or could be used to make a judgement about whether or not they are law abiding
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Astonishingly, when the government announced these laws, it relied upon a review of the trial of this system as justifying their introduction. As this submission will demonstrate, to the contrary, that report justified the criticisms which have been made of this type of law.
Read More“The traditional requirement that before a search can proceed there must be a reasonable suspicion that a crime has been committed or a weapon found is a bulwark protection of our liberty. Such a requirement is essential to being able to prevent arbitrary searches or searches based on bias. The granting of such powers will inevitably result in unwarranted invasions of privacy.”
Read MoreThe Council maintains its position that the advancement of women’s equality and protecting them from violence cannot come at the expense of fundamental legal principles and arrangements designed to protect the liberty of everyone
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