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The QCCL supports a statutory tort for the invasion of privacy as a means for people to take their own action to protect their privacy in cases where the statutory regime and the common law do not apply or do not provide adequate protection.
Read MoreThe QCCL condemns the latest bid in the law and order auction that is going on in this election, namely the announcement by the opposition that it will introduce a curfew for young people in Townsville.
Read MoreIn formulating our views on what such a law should look like we have had regard to the principle that the press is and must be independent from government and has a presumptive though not unconditional right to seek out the news. Freedom of speech is rooted in a distrust of the government’s capacity to regulate speech particularly political speech where it is in a position of a conflict of interest. This conflict is no starker when it is seeking to restrain the use of embarrassing information obtained by journalists
Read MoreWe 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.
Read MoreThe 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.
In broad terms, the use of surveillance devices without the consent of the person the subject of the surveillance will be prohibited.
Read MoreThe 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
Read MoreWe 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.
Read MoreThe 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.
Read MoreThe 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.
Read MoreThe 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.
Read MoreThe federal government’s announcements in relation to the Covidsafe App contain a number of good features. However, fundamental issues of concern remain.
Read MoreThe 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.
Read MoreQCCL 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.
Read MoreThe 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.
Read MoreCivil 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.
Read MoreThe 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.
Read MoreThere 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
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.
Read MoreThe 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.
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