News — Queensland Council for Civil Liberties

Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020

We submitted that the law should reflect the proposition that in determining whether or not an accused’s belief that a person was consenting was reasonable, the jury should be able to take into account whether the accused was aware of circumstances which would lead a reasonable person to inquire further into the issue of consent. So that if the circumstances known to the accused were such that a reasonable person would not or might not take further steps to ascertain consent, then the accused will not be required to take any further steps either.

Inquiry into the Queensland Government’s health response to Covid19

The extraordinary powers, even though they may be justifiable, demand immediate accountability.
Emergency measures do not justify less scrutiny. In fact, the opposite is the case, we need to be even more alert to the threats to our basic liberties. In our submission that should be a key focus of this committee.

Law Reform Commission Surveillance Report

In broad terms, the use of surveillance devices without the consent of the person the subject of the surveillance will be prohibited.

Media releaseQueensland Council for Civil Liberties30 June 2020privacy

COVID and Freedom to Protest

The coronavirus crisis has raised many complex and difficult issues for civil libertarians, none more so than in the case of the right to protest, particularly in the context of such an important issue as the massive over incarceration of Australia’s First Nations people

Media releaseQueensland Council for Civil Liberties12 June 2020Free Speech, Covid19

Letter to Chief Health Officer concering compulsory flu vaccination in aged care

We acknowledge that all the rights in the Human Rights Act can be limited in accordance with section 13. However, it is the Council’s position that mandatory vaccination is only acceptable where there is an exemption for those who hold a personal, philosophical or religious objection to it.

COVID-19 & Automatic Number Plate Recognition - More Mass Surveillance

The QCCL has written to the Commissioner of Police asking for comment in relation to reports that police are using ANPR (Automated Number Plate Recognition Technology) to charge people with breaching the Home Confinement Direction by travelling more than 50km from their home.

Councils for Civil Liberties' Joint Statement on COVID-Safe Bill

The NSW, Queensland and South Australian Councils for Civil Liberties support the introduction of effective digital contact tracing if it has robust privacy and transparency legislation underpinning it. There are however outstanding issues the Government should address before this Bill is passed.

COVID-Safe Bill Does Not Go Far Enough

The Federal Government’s draft Bill in relation to the COVIDSAFE app contains a number of welcome features including the very strong prohibitions on people requiring another person to download the app and the involvement of the Privacy Commissioner in reviewing the system. But it does not go far enough.

COVID-Safe App Continues to Raise Issues

The federal government’s announcements in relation to the Covidsafe App contain a number of good features. However, fundamental issues of concern remain.

COVID-19 App Raises Privacy Concerns

The QCCL today expressed its concern about the apparent decision by the government to ask Australians to use the Singaporean “Trace Together“ COVID-19 tracking app, which will not adequately protect the privacy of Australians.

Police Must Release Details of COVID-19 Tickets

QCCL calls upon the Police Commissioner to at least twice weekly release details of the conduct that is resulting in people being charged or given a ticket for breaching the home confinement direction.

COVID-19: In Times of Crisis Civil Liberties Must be Respected

The QCCL condemns the decision of the Queensland government yesterday to ram through its health crisis legislation and give itself the power to close down the Parliament.

Youth Justice Bail is not a Political Tool

Civil Liberties Council Vice-President Terry O’Gorman said the Police Minister has apparently decided to join in the Queensland Opposition’s ‘attack the Judges’ strategy as opening shots are fired in the Queensland State Election due in October this year.

letter to the Lord Mayor concerning free speech in Brisbane City

The right to freedom of speech is a fundamental right which the City Council in fact has a duty to facilitate. It should do so by enacting laws which comply with its obligations under the Human Rights Act.

LettersQueensland Council for Civil Liberties12 February 2020Free speech, Human Rights Act

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

Campaign Finance Laws Go Too Far

The Council calls upon the government to withdraw its proposed campaign finance electoral law reforms and to revisit the rules relating to third parties, to ensure that they do not impose an unfair burden on many organisations that will deter them from expressing their views on important topics.

Media releaseQueensland Council for Civil Liberties20 January 2020

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

Secular Education System

From the point of view of the QCCL two principles are relevant to this issue. The first is freedom of religion. Parents are entitled to have their views about what religion, if any, their children are taught respected. The stories that we hear repeatedly, would indicate that that is not occurring in Queensland State Schools.

LettersQueensland Council for Civil Liberties25 September 2019Children, Freedom of religion

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