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Notwithstanding 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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QCCL President Michael Cope, today said that the Council condemns the failure of the Federal Government to implement the key recommendations of the review of the Privacy Act. “The Privacy Act was passed in 1988 and has not been substantially amended since then. In privacy terms 1988 is the stone age” said Mr Cope
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 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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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;
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 MoreThe Council accepts that the public exhibition of sexual activities should be banned. However, we also take the view that nude beaches should be permitted so long as they are in secluded areas and are known and clearly marked as nude beaches. If necessary, the State Government or relevant local councils should take steps to designate nude beaches and to mark and publicize them appropriately.
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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We 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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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 MoreWe start from the premise that prisoners including those on probation, parole or other post detention supervised release, do not have the same privacy rights as ordinary citizens, but they are not stripped of their entire right to privacy
Read MoreThe Council has repeatedly called on the government to publicly identify the criteria which it will use to decide that the state of emergency is no longer required. We note it has again failed to do so.
We have maintained throughout this crisis the emergency powers are justified so long as they are necessary, proportionate and are in place for the absolute minimum period. It cannot be said at this time that the case has been made for the continuation of these emergency powers.
Read MoreWe recognise the importance of ensuring security of Australians’ and their freedoms. The rationale for national security law comes from the importance of ensuring that freedoms are protected. We are concerned to ensure that the ‘forest isn’t lost for the trees’ in this reform process and that the guiding and predominant principle in this reform is that our national security framework serves to protect the freedoms that ought to be enjoyed by all Australians.
Read MoreNational 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
Read MoreThe legislation that would enable a regime of identity matching exists only in the form of the Identity-matching Services Bill 2019 and the Australian Passports Amendment (Identity-matching Services) Bill 2019 (collectively, “the Bill”) has to our knowledge not been passed.
Read MoreThe social media platform is simply the provider of a space, a forum, in which people make contributions. They are not like for example the editor of a newspaper- controllers of what content goes on their sites.
Read MoreThe Internet is the new public square. So much of public debate, discussion and exchange of information now takes place on the Internet. On that basis, the doctrines of freedom of speech must be applied to the Internet.The rights of speakers on the Internet need to be protected. Another fundamental aspect of the right to freedom of speech is the right to do so anonymously. History is replete with examples of people having exercised their right of speech then being subject to reprisals by government or individuals
Read More“The Premier cannot make law by press release. It is entirely inappropriate that almost 2 weeks out from these complex rules coming into place, businesses and individuals in this State cannot plan properly for the new laws” says QCCL President Michael Cope
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