News — Queensland Council for Civil Liberties

Consent and the excuse of mistake of fact in sexual assault cases review

There is a difference between how our Criminal Code deals with the defence of mistake and how the Common Law deals with it. At common-law, a person will succeed in a defence of mistake of fact, if they held the belief in the mistaken fact honestly. However, under the Queensland Criminal Code the mistake of fact defence can only succeed when a person not only honestly has made a mistake, but their belief is reasonable.

Once again, public commentary on this issue seems to ignore the fact that Queensland law already provides for a mixture of subjective and objective factors in assessing whether or not the accused has made a mistake of fact. In particular, in our review of the law we found no support for the view that “reckless indifference” would ever be consistent with the reasonableness requirement in the Criminal Code

RELIGIOUS DISCRIMINATION BILL AND RELATED LEGISLATION -SECOND DRAFT

We can accept that there is a case, as there is in relation to churches, that such spaces are kept exclusively for the believers. Though it is our view, that the draft bill needs to be amended to make it clear that it is restricted to facilities dedicated to such spiritual purposes. Again, it is our position, that should the religious body make these facilities available on a commercial basis, they lose the right to avail selves of this exception. We also make the comment, that it is not clear to us why this is not covered by clause 36.

SubmissionQueensland Council for Civil Liberties24 January 2020Freedom of Religion

Queensland Campaign Finance Law Reform 2019 Bill

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.

RELIGIOUS DISCRIMINATION BILL AND RELATED LEGISLATION

Religious worship is essential to most people's lives. This is true for non-believers as well as believers once we recognise that freedom of religious worship includes the freedom not to worship.

Once we accept that proposition the only generally acceptable basis for freedom of worship is equal freedom for everybody. Each person when considering their own claim to be able to worship freely, would reject a proposal that gave them less freedom to do so then another person.

Religious belief is primarily a matter of individual conscience. However, freedom of religion also encompasses the freedom to manifest one’s belief in community with others and in public. This is because witness in words and deeds is bound up with the existence of religious convictions.

SubmissionQueensland Council for Civil Liberties2 October 2019Freedom of Religion

Submission to Queensland Parliament on Youth Bail Reforms in 2019

The necessity for the reform of the law of bail contained in this Bill is made clear by the statistics that 80% of children in detention are on remand and only 16 percent of young people on remand go on to receive a custodial sentence and therefore the vast majority of them are spending unnecessary time in detention.

SubmissionQueensland Council for Civil Liberties10 July 2019youth and the law, Bail

Submission in relation to Voluntary assisted Dying

In other words, having regard to the unbearable pain and suffering of those with terminal or incurable illnesses a well-informed person could not reasonably reject VAD so long as it was only permitted in circumstances where all reasonable steps had been taken to protect the interests of the vulnerable

Domestic Violence Disclosure Scheme

Domestic and family violence is an ongoing scourge in our community. We do not think it necessary to repeat what is already well-known about the level of family and domestic violence and the harm that it does. These statistics are in any event, well summarised in the discussion paper.

However from a Civil Liberties point of view whilst the prevention of harm is a necessary condition for government to take action it is not a sufficient condition.

ln taking action to protect members of the community from harm, the state has to have regard to the
rights and liberties of other individuals. ln particular, before interfering with the rights and liberties of others it is that fundamental that the State demonstrates that the proposed measure will be effective at protecting the members of the community it is intended to protect.

SubmissionQueensland Council for Civil Liberties17 February 2017criminal law, Domestic Violence

2017 Independent Intelligence Review.

It is extremely alarming that some parts of our government seem to think they should be protected from scrutiny by the elected representatives of the people of the country. This is an anathema to any Democrat.

Submission to Freedom of speech in Australia inquiry

The QCCL unreservedly condemns all forms of racial vilification and discrimination. However in the Council’s view, it is another thing to make the expression of such views illegal

SubmissionQueensland Council for Civil Liberties15 December 2016Free Speech

Publication of allegations of corrupt conduct made to the CMC

The right to free speech and the right to a fair trial are two of the most cherished values in a civilised society. However, they can and do come into conflict. Traditionally under our legal system this conflict has been resolved by effectively prohibiting the disclosure of allegations against a person until they have reached a stage where there is sufficient evidence to support a charge. At that point limited publicity is permitted. And then full publicity occurs at the time of trial. We support that traditional arrangement. Two reasons are traditionally given for this approach. The first is to protect the reputation of persons. Secondly to protect their right to a fair trial.

Draft Public Health (Medicinal Cannabis) Bill 2016 Supplementary Submission

The Council’s clear and oft-stated preference is for the government to legalise cannabis without any restrictions

SubmissionQueensland Council for Civil Liberties19 April 2016Drug Law Reform, Drug

Submission to Queensland Human Rights Inquiry

In the Council’s view the case for a Human Rights Act is quite simply irrefutable. In saying that the Council does not think that a Human Rights Act will constitute a revolution in either sense. That is, a Human Rights Act will not create a human rights nirvana in Queensland. Nor will it wreck the separation of powers between the branches of the government or destroy our democracy. What it will do is represent a bold statement of commitment by the Queensland Government to bring human rights closer to the heart of political culture in this state and provide a place where the marginalised and disadvantaged in our community can seek redress for their grievances.

Public Health (Medicinal Cannabis) Bill 2016

In our submission, the process contemplated under this legislation is extremely bureaucratic and process driven. The focus of the legislation should be the treatment of ill people. In California, you can see a doctor and walk out of the pharmacy the same day with a prescription. Why can we not have that system in this country?

Youth Justice Reform discussion paper 2016

Economic research indicates that early intervention is a more cost effective way of dealing with crime than conventional sanctions such as imprisonment

Judiical Appointments

The Council finds it nonsense to suggest appointment based solely on merit by this process is possible. Nor does the Council think that the public is best served by continuing to portray the notion that there is an idealised standard for a Judge and there is always a clear front-runner for the role. The Council is certain that for any position there are a considerable number of choices who would be more than capable of performing the role well. Society’s main interest is that the appointee is one of those capable of performing the role well. To that end it must be beyond doubt that the appointment was neither arbitrary nor political. That is what it is at the moment.

SubmissionQueensland Council for Civil Liberties16 December 2015Courts

Australian Citizenship-You're right, Your Responsibility Discussion Paper.

"citizenship is not a license that expires upon misbehaviour. The duties of citizenship are numerous and the discharge of many of these obligations is essential to the security and well-being of the Nation. The citizen who fails to pay his taxes or to abide by the laws safeguarding the integrity of elections deals a dangerous blow to his country. But could a citizen be deprived of his nationality for evading these basic responsibilities of citizenship?….But citizenship is not lost every time a duty of citizenship is shirked. And the deprivation of citizenship is not a weapon the government may use to express its displeasure at a citizen's conduct however reprehensible that conduct may be. As long as a person does not voluntarily renounce or abandon his citizenship… his fundamental right of citizenship is secure."

Safe Night Out Legislation Amendment Bill 2014

The Council recognises that this Bill is a response to concerns in the community about alcohol related violence. However, the Council maintains that the response to this issue needs to take into account the right to privacy, the right to freedom of association and the right to due process. All of these rights are recognised in Universal Declaration of Human Rights. The QCCL has as its objective the implementation of the rights contained in this instrument in Queensland.

Criminal Law Amendment Bill - Double Jeopardy

The Bill undermines the principled asymmetry which is at the heart of the criminal justice system. That principle reflects the proposition that the State with all its resources and powers should not be allowed to make repeated attempts to convict an individual of an alleged offence.

Submission in relation to the Government's Safe Night Out Strategy

The QCCL does not take the view that there is a human right to access alcohol. We note in this regard the discussion of this issue by McMurdo P. and Justice Keane in Aurukun Shire Council and Anor –v- CEO Office of Liquor Gaming and Racing [2010] QCA 37 at paragraphs 43 and 142 to 145. McMurdo P. returned to the issue in the decision of Morton –v- Queensland Police Service [2010] QCA 160.[1]

SubmissionSiegfried Clarke17 April 2014Human Rights, Drug & Alcohol Policy, Police

Campaign Finance - Trade Unions

Both industrial organisations and corporations are economic actors pursuing their economic interests in the economic market and the political market.The interests of shareholders and the members of industrial organisations are in this regard indistinguishable from one another. There is no legitimate basis for subjecting one set to a series of burdens and controls which do not apply to others. Or to put it in a positive way, there is no reason why one set of individuals, that is members of industrial organisations, should have more rights than shareholders.

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