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.
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 Civil Liberties Council today backed calls for a public inquiry into integrity issues in the Queensland Government and the Queensland Public Service, particularly into the Public Service Commission’s alleged meddling in the operations of the Office of the Integrity Commissioner
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 MoreAs 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.”
Read More“Whilst the laws will provide a significant improvement over the current position they do not go far enough” says Michael Cope QCCL President
Read MoreThe right of freedom of speech, dictates that the media must be given the widest possible latitude to seek and publish truthful speech about matters of public interest so that the audience is best able to form their beliefs and desires.
Two overarching issues arise from gaps in the ACT human rights legislation: lack of access to justice for breach of a human right and consequent lack of accountability within decision-making bodies. These are inextricably linked to the two purposes of human rights legislation as set out above.
Read MoreReligious 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.
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
Read More“It is the QCCL’s view that the materials produced by Mr Thomas are sufficient to justify the Queensland government appointing an independent expert to conduct an inquiry into the allegations made by Dr Wright in order to ensure that public confidence in the administration of justice in the State is maintained.”
Read MoreEven the most optimistic research to date suggests that incapacitation is not a very cost-effective way of reducing juvenile crime. The money we spend incarcerating juvenile offenders would, in many circumstances, be better spent treating or trying to rehabilitate them.
Read MoreThe QCCL has been campaigning for an inspector of prisons for years and welcomed the recommendation of the Sofronoff inquiry that one be established. It would however be remiss of us not to mention the fact that it is now almost 5 years since that recommendation was made. However, as they say, better late than never
Read MoreQCCL President Michael Cope says, “The QCCL is not an anti vax organisation. At the same time we respect everyone’s right to bodily integrity and to control their medical treatment. We believe all medical treatment, which includes vaccination should be voluntary.
Read MoreIt 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
Read MoreQCCL President Michael Cope said today, “The QCCL endorses the comments by Scott McDougall Queensland Human Rights Commissioner that the approach to border exemption applications has resulted in the rights of applicants for border exemptions not being properly considered.”
Read MoreI am writing to impress on you the need to commit to that review in the first hundred days of the next Labor government as a catalyst to reform Australia’s commitment to social justice.
Read MoreThis power to block parole for decades after a person has already served 20 or 30 years or more in prison will be exercised by the President of the Queensland Parole Board sitting in secret with the process totally lacking in transparency or accountability.
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