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“The inability of government to act as arbiter in its own cause means that freedom of speech includes the right to make false claims about social and political matters. In order to sustain uninhibited political discourse, the state cannot prevent resort to exaggeration or offence or even to false statements”, says Mr Cope
Read MoreThe government's role as an intellectual arbiter of the truth in social and political debate must be constricted, if not completely denied. This is based on a deep skepticism about the good faith of those controlling the government. That skepticism flows from the fact that decisions about what is true or false, when made by those in power, are bound up with political perspectives of those in power. In that regard the government is not impartial when it comes to contested disputes about the facts underlying political life. This is not meant to be some conspiracy theory. It derives from the fact that in the words of Lord Acton “All power tends to corrupt.”
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 MoreMr O’Gorman said there is clearly a problem with a cohort of juveniles committing car thefts and violent crime but attacking Judges and Magistrates who cannot defend themselves publicly is a cheap and easy political stunt.
Read MoreCurrently, Australia is the last western democratic country to refrain from explicitly protecting their human rights in legislation, which has subsequent implications for the protection of human rights for Australian citizens
Read MoreThis legislation was introduced in 2004 at the peak of concerns about terrorism. Since then, we have learned that the law inappropriately prioritizes the secrecy of national security information over the administration of justice
Read MoreThe Folbigg Pardon highlights the necessity to establish a national Criminal Cases Review Commission in Australia.
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 MoreThis broad definition of ‘information’ and over-classification of what amounts to ‘national security information’ has serious implications. Anything that could fall within these definitions could be withheld from the defendant (or, in civil proceedings, withheld from one party[1]), which relates to issues of due process discussed above. These broad definitions and scope of the Act increased the encroachment of the executive on due process and a right to a fair trial. As a result, the executive is given ‘enormous scope for unwarranted interference in the administration of justice’
Read MoreThe Civil Liberties Council calls on the Premier to intervene in this farcical controversy and bring Queensland in line with the rest of the country and outlaw police using the fatal stranglehold completely in absolutely all cases”, Mr O’Gorman said.
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We remain of the view that you cannot end racism and other pernicious ideas by censorship and policing. What needs to be done is to focus on addressing the root causes of why some people are attracted to such ideologies in the first place, including social isolation, growing economic insecurity and mistrust in government and the media.
Read MoreThe Collaery, McBride and Boyle cases have to be seen as part of a new trend whereby evidence is admitted into court and is available to one side (the prosecution, in criminal matters) but not to the other even though that evidence may be used against them. The circumstances in which this evidence is selectively admitted is much broader than the previous public interest immunity exception placed on national security. Much leeway is being granted to the Executive to exclude evidence from scrutiny
Read More“The QCCL looks forward to the review recommending changes to the current whistleblower laws that significantly improve the protection for those who breach government secrecy in the public interest” says Mr Cope
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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“To deprive the public and the Coroner of the best possible evidence namely the audio and video of SERT body worn cameras is unbelievable”, Mr O’Gorman said.
Read MoreWe 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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With respect, in our opinion, the current Youth Justice Act is appropriate for the circumstances and Queensland‘s current environment. Knee-jerk responses to bad publicity should never be used as the basis for law reform.
Read MoreGovernment accountability is a key part of our democratic system. Transparency is, in turn, a key part of government accountability. Without public scrutiny, abuses may flourish undetected. Transparency is therefore central to maintaining public confidence in the administration of government.
Read MoreTo allow associations operating outside the closed circumstances of their community to claim exemption from laws furthering equality would be to allow that association to impose their faith on others.
Read MoreRestrictions on electoral expenditure are akin to the rules of debate in a meeting which restricts the length of speeches and provide for rights of reply. In the context of political speech, the restrictions are essential to fairness, in that the arms race between various political players is continuously increasing the cost of elections, which results in an increasing number of people being excluded from the political process. Capping expenditure would also help to create closer financial equality between candidates at elections
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