Posts tagged Human Rights Act
Censorship in Queensland Arts (2)

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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Censorship in the Queensland Arts (1)

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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Supplementary Submission to Review of Human Rights Act

The 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

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Digital ID Rules, Digital ID Accreditation Rules and Accreditation Data Standards

The 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

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Answer to Question on notice -Inquiry into Australia’s Human Rights Framework

in 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

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Police to be allowed mass search power

“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.”

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Public Health and Other Legislation (Covid-19 Management) Amendment Bill 2022

In 2001 and 2005 the Federal and State Parliaments passed laws designed to deal with terrorism. Most of those laws were subject to sunset clauses. Over 20 years later those laws remain in place, with the sunset period being regularly extended with very little debate. The liberty undermining principles contained in those laws have now been extended into numerous other areas of the criminal law, as we predicted they would. We do not wish the continuing existence of these powers to be used as justification for the micromanagement of people’s lives in other areas.

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Australia’s Electronic Surveillance Framework Discussion Paper

National security and surveillance powers in Australia ought to follow the introduction of a Federal and enforceable human rights framework, recommended by a succession of law reform commissions and bringing Australia into line with other democratic nations. The protection of Australians’ human rights and associated freedoms is the rationale for the existence of national security legislation and therefore must be the paramount consideration for the use of intrusive powers. Adopting the text and spirit of the guiding principles for reform contained within the Discussion Paper, we consider that it would be appropriate to have the objects of a simplified Electronic Surveillance Act coupled with clear requirements for the use of national security and surveillance powers expressly reflecting Australia’s obligations pursuant to the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. This would instill public confidence by requiring law enforcement agencies (and Court’s issuing warrants) to have an express object of human rights compliance together with a decision making criteria that directly requires contemplation of human rights implications

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Submission on Extension of Covid Emergency Powers

The virus is not going to disappear any time soon. This means, we are eventually going to have to start finding ways to deal with it that are not draconian. The widespread availability of safe and effective vaccines makes it not only possible for us to cope with the virus in the way we cope with the flu, but dictates that the emergency measures which have been implemented to deal with it must also come to an end

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