SURVEILLANCE LAW REFORM

We 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.

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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 in relation to Social Media (Anti Trolling) Bill

The 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

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Review of continued detention of imprisoned terrorists

As John Stuart Mill argued the preventive power of the State is, “far more liable to be abused, to the prejudice of liberty, then the punitory function; for there is hardly any part of the legitimate freedom of action of a human being that would not admit of being represented, and fairly too, as increasing the facilities for some form or other of delinquency.”

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Religious Discrimination Bill and Related Legislation

Religious people are entitled to laws which remove practices that restrict the range of opportunities available to them. But they are not entitled to special accommodations for their preferences. The distinction is between limits on the range of opportunities open to people and limits on the choices they may make between the opportunities available to them which are a consequence of the interaction between laws of general application and their religious preferences.

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Office of the Independent Assessor

It is this Council’s view that the Courier Mail has raised important public issues as to the extent to which the OIA may be improperly exercising its powers where it is arguably contrary to the provisions of the OIA’s statute with the result that free speech incursions are occurring in relation to the ability of Local Councillors to exercise their public duty to engage in appropriate criticism of matters affecting Local Government in Queensland

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