Senate Standing Committees on Environment and Communications ,
November 24, 2024
There needs to be a more considered approach. Liberty Victoria advocates for more targeted interventions that aim to minimise harms while preserving social media’s benefits for children under the age of 16. A blanket ban will be ineffective and indeed will make matters worse – and expose...
Senate Legal and Constitutional Affairs Committee ,
November 23, 2024
This Bill should be withdrawn without delay.
Politicised attacks on people based on their visa status must end. The harms inflicted are severe, generational, and go to the heart of Australian culture and community.
We must all be equal before the law. Refugees and migrants are...
Committal hearings have long served as a critically important part of the protections afforded in Victoria to persons accused of serious crimes. The current system holds significant value in ensuring adequate disclosure, promoting the early resolution of cases, minimising the impact on...
In relation to the Criminal Organisations Control Amendment Bill 2024 (Vic) (the Bill), Liberty Victoria opposes the Bill in its current form. We are deeply concerned that this Bill will result in the increasing normalisation of potentially draconian orders being made in circumstances where a...
Senate Legal and Constitutional Affairs Committee ,
August 7, 2024
On 17 June 2024, we had the honour of giving evidence for the Inquiry into Right Wing Extremist Movements in Australia to the Commonwealth Senate’s Legal and Constitutional Affairs References Committee (the Committee).
When giving evidence we took three questions on notice:
Minister for Immigration, Citizenship and Multicultural Affairs ,
June 7, 2024
Recent political and media attacks on legal procedures governing visa cancellation are of immense concern. They threaten the rule of law and the integrity of institutions and outcomes. The Tribunal is an expert body established by the Government as a vital check on administrative decision-making...
Senate Legal and Constitutional Affairs Legislation Committee ,
April 12, 2024
Liberty Victoria is appalled by the introduction of a Bill that, among other things, seeks to jail people for at least a year if they fail to assist with their own removal even where they are owed Australia’s non-refoulement obligations. The Bill also undoes protection findings to broaden who...
The Senate Legal and Constitutional Affairs Committee ,
March 27, 2024
Liberty Victoria is committed to the defence and advancement of civil liberties and human rights. We seek to promote compliance with Australia’s obligations under international law as recognised in various State and Federal human rights instruments such as the Charter of Human Rights and...
We write as Presidents of Australia’s leading, membership based human rights and civil society organisations, about the unfolding humanitarian catastrophe in Gaza. We are non-political, non-religious and non-sectarian.
Department of Justice and Community Safety ,
October 25, 2023
This submission concerns the problem of harms caused by vilification and proposes ways to prevent or deal with those harms and those who cause them. It begins with the 2019–20 parliamentary inquiry—the Legislative Assembly Legal and Social Issues Committee’s Inquiry into Anti-Vilification...
Whilst we understand the important motivation for the Bill, we oppose it. This is consistent with our position on the previous Victorian legislation, which you can read ...
Commonwealth Attorney-General's Department ,
September 6, 2023
As the discussion paper acknowledges, the judiciary represents an important arm of the Australian constitutional system. Amongst other things, it is responsible for upholding the rule of law and dispensing justice. Predominantly, it achieves this by resolving controversies according to law...
Senate Legal and Constitutional Affairs Committee ,
August 17, 2023
1. At the hearing before the Senate Legal and Constitutional Affairs Committee on 26 July
2023, we took questions on notice from Senator Scarr in relation to two topics:
(1) The directions on consent that are given in Victoria; and
(2) The submission of Professor Quilter and Dr...
The Parliamentary Joint Committee on Intelligence and Security (PJCIS) ,
August 3, 2023
This is a joint submission with NSW Council for Civil Liberties.
Liberty Victoria and NSW Council for Civil Liberties acknowledge the importance of protecting the community from acts of terrorism. Terrorism and the threat of terrorism violate the rights to life and security of innocent...
Committee Secretary Parliamentary Joint Committee on Intelligence and Security ,
July 24, 2023
Liberty Victoria is grateful for the opportunity to make this submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) review of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 (Cth) (the Bill).
The Secretariat Parliamentary Joint Committee on Human Rights ,
July 21, 2023
It is often said by those who oppose a federal Human Rights Act that there is no need for one. They argue that the human rights of Australians are more than adequately protected by the common law and statute. Anyone remaining of that view will be hard pressed to retain it should they read the...
Senate Legal and Constitutional Affairs Committee ,
May 3, 2023
Liberty Victoria is deeply worried by the emergence of far-right extremism, but opposes the ban of the ‘hakenkreuz’ for the reasons set out in our joint submission to the PJCIS. We understand that the display of Nazi symbols is highly confronting and offensive, particularly to the Jewish...
Senate Legal and Constitutional Affairs Committee ,
March 17, 2023
This submission addresses the importance of reducing the prevalence of sexual violence, and the challenges and limitations of the criminal justice system in achieving that end. It sets out the extensive changes that have been made in the Victorian criminal justice system to prosecute sexual...
Liberty Victoria has had the opportunity to consider the detailed submission of the Criminal Bar Association of Victoria (CBA), and we respectfully endorse it and its recommendations. In particular, we agree that
(1) The common law test for recklessness of probability, applied without...
We are a coalition of lawyers, trade unionists, service providers and advocacy groups with a shared commitment to addressing the effects of precarious and ‘permanently temporary’ visa status. We welcome this opportunity to contribute to the comprehensive review of Australia’s migration system....
Comment on the Major Crime and Community Safety Legislation Amendment Bill 2022
1. If enacted the Major Crime and Community Safety Legislation Amendment Bill 2022 (Vic) (the Bill) would result in a dangerous expansion of police investigative powers, including the power to compel people to...
The Victorian Parliament's Legal and Social Issues Committee has published its report on the Inquiry into Extremism in Victoria. It's available here: https://lnkd.in/gKxym4Ub...
Comment on the Reason Party’s Health Legislation (Conscientious Objection) Bill 2022 (Vic)
1. Liberty Victoria welcomes the Reason Party’s Health Legislation (Conscientious Objection) Bill 2022 (Vic) (the Bill) and congratulates Fiona Patten MLC on its introduction. It...
Liberty Victoria supports some aspects of the Bill. However, in our view many other aspects of the Bill are unnecessary and add complexity to an already difficult area of the law. As we said in our submission to the VLRC, the focus of the Government should be on introducing a restorative justice...
Liberty Victoria is opposed to the proposed new offence of engaging in grossly offensive conduct in public. It should not become law.
The Bill seeks to respond to particular conduct by Mr Richard Pusey that understandably outraged the community, and in particular his recording of dying...
Victorian Legal and Social Issues Committee ,
June 15, 2022
Two dominant issues have contributed to a recent increase in right-wing extremism: shared grievances and crises of identity. The underlying social and structural issues that are fuelling systemic inequality, injustice, racism as well as a declining trust in institutions, government authority and...
Legal and Constitutional Affairs References Committee ,
June 7, 2022
We welcome the opportunity to provide a submission to the Legal and Constitutional Affairs References Committee’s Inquiry into the application of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Australia (the Inquiry).
Victorian Legislative Council, Legal and Social Issues Committee ,
May 31, 2022
Sentencing a parent or caregiver has a direct impact on a child, in particular where the caregiver is incarcerated and separated from their children. The imprisonment of a parent can have socio-economic impacts, compound pre-existing disadvantage and significantly affect their mental and...
Parliamentary Joint Committee on Human Rights ,
February 1, 2022
Liberty Victoria is opposed to discrimination on the basis of the attributes of religious belief and religious activity, just as on the basis of the other attributes protected under our laws, including the Equal Opportunity Act 2010 (Vic) (EOA). The Commonwealth Parliament would do well to...
Expert Panel Cultural Review of the Adult Custodial Corrections System ,
December 21, 2021
This submission focuses on stream 2 relating to people in custody as outlined in the terms of reference published in October 2021 . It makes recommendations in relation to limiting the expansion of prisoner numbers, rehabilitation in prison, reintegration programs, controlled access to...
Senate Legal and Constitutional Affairs Committee ,
December 21, 2021
Liberty Victoria strongly opposes the Bill and calls for an inquiry into the character
visa cancellation and refusal framework.
Our principal concerns with the Bill can be summarised as follows:
(1) No compelling case has been put forward by the Government to justify the ...
Department of Health and the Expert Reference Group ,
November 3, 2021
This documents comments on the Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021 and includes consideration of aspects of the Bill that are positive, as well as areas where the Bill can be improved
While the objectives of the Bill in seeking to increase engagement in the community and to enhance community safety are laudable, the manner in which they are sought to be achieved is inapt and the proposals go well beyond what is required to meet those objectives.
Legislative Council Legal and Social Issues Committee ,
October 21, 2021
Complainants and victims of crime are entitled to be part of a society that respects and protects their human rights. As we have previously submitted, Liberty Victoria strongly supports the view that complainants and victims of crime should be treated with courtesy, respect and dignity...
Parliamentary Joint Committee on Intelligence and Security ,
September 8, 2021
At the outset broadly and generally speaking, the Bill introduces powers for State-authorised hacking (also known as: lawful hacking, government hacking, computer network operations, network exploitative techniques). It is our position that Australia does not have an adequate federal human...
Victorian Law Reform Commission ,
September 7, 2021
Liberty Victoria supports the introduction of additional protections for complainants in
stalking prosecutions, insofar as the accused’s fundamental right to a fair hearing and
the presumption of innocence are not adversely affected.
Senate Select Committee on Job Security ,
September 7, 2021
Liberty Victoria is concerned that businesses sourcing labour from the on-demand workforce may be doing so in order to obfuscate the reality of their relationships with workers, and to exploit the uncertainty the current common law test creates
Read Liberty Victoria's submission to the Mental Health and Wellbeing Act Engagement Paper.
The provision of quality mental health treatment has the capacity to positively impact
upon people experiencing mental illness. However, there are circumstances in which
the provision of...
The Parliamentary Joint Committee on Intelligence and Security (PJCIS) ,
July 20, 2021
We accept that extremist movements and actors pose a significant threat to the Australian Community. However, over the past two decades there has been a focus on the danger of Islamist extremism at the expense of proper attention being given to the resurgence of farright extremism. As...
Submission to the Legal and Social Issues Committee of the Legislative Council (Victoria) ,
June 22, 2021
On 13 May 2021, Liberty Victoria’s Senior Vice-President, Sam Norton gave evidence at the Inquiry into the Management of Child Sex Offender Information. His evidence can be read ...
Senate Legal and Constitutional Affairs References Committee ,
April 30, 2021
The legal and policy frameworks governing family reunification unjustly
discriminate based on the mode of arrival in Australia.
These discriminatory laws and policies prevent people from reuniting with
their loved ones. This has a significantly harsh impact on these people...
Liberty Victoria opposes changes to the Crimes Act 1958 (Vic) (Crimes Act) to deal specifically with ‘Grab and Drag’ offences. As noted in Issues Paper I, there are many indictable offences in the Crimes Act that cover the criminal conduct sought to be targeted by these proposed laws.
Legal and Social Issues Committee - Parliament of Victoria ,
February 18, 2021
In our view the best way to protect the health of those adults who use cannabis, to protect public health and safety, and to prevent criminal activity relating to the illegal cannabis trade in Victoria, is to have a controlled legalisation of cannabis possession, use, and limited cultivation as...
Joint Standing Committee on Electoral Matters ,
February 12, 2021
The ability of charity groups and non-government advocacy bodies to freely speak on political issues is therefore a key component of a healthy democracy. In this submission, Liberty Victoria discourages proposed changes to electoral laws to reduce the threshold for political campaigners from the...
Victorian Law Reform Commission ,
February 3, 2021
Read our submission to the @VLRC inquiry into Improving the Response of the Justice System to Sexual Offences. Liberty Victoria calls for careful rights-based reform and the introduction of a restorative justice model for suitable matters. “A restorative justice model has the potential to have a...
Public Accounts and Estimates Committee Parliament of Victoria ,
August 7, 2020
Respecting and protecting human rights have become more important than ever during the COVID-19 pandemic. Liberty Victoria recognises that the scale and severity of the crisis has required a response that necessarily limits the human rights and liberties of all Victorians. Sensibly, the focus of...
Although this proposed Bill may have started as a stock-standard anti-discrimination bill for the attribute of religious belief or activity (as has long been a part of the Victorian Equal Opportunity Act, for example) it has developed a number of cancerous excrescences which made it...
Legislative Assembly Legal and Social Issues Committee Inquiry into anti-vilification protections ,
January 17, 2020
This submission will focus upon the impact of vilification on people who are lesbian, gay, bisexual,
trans and gender diverse, queer, and people born with variation in sex characteristics (LGBTIQ).
There is a wealth of information – in the form of both studies and anecdotal evidence...
In earlier remarks on the planned, now Exposure Draft, Bill (“the EDB”) the Attorney-General appeared to contemplate an ordinary anti-discrimination law along the lines of existing federal (and State/Territory) legislation. In a consultation meeting in Melbourne on...
Parliamentary Joint Committee on Intelligence and Security ,
October 17, 2019
For the following reasons, Liberty Victoria recommends the Bill not be passed, and the current automatic citizenship loss provisions be repealed. a. Citizenship loss provisions, both discretionary and automatic, are not an effective response to the threat of terrorism and also risk undermining...
The Royal Commission into Aged Care Quality and Safety ,
October 1, 2019
Liberty Victoria is profoundly concerned that some aged care providers may conflate the notion of medical incapacity with legal capacity and this denies many vulnerable residents their right to participate in, and determine, his or her own legal affairs. In some circumstances this denial can...
Senate Standing Committee on Legal and Constitutional Affairs ,
August 27, 2019
The robodebt scheme is arguably a ‘retrogressive measure’ in breach of Australia’s international human rights obligations as they pertain to the right to social security. The Government’s attempts to ‘modernise’ the delivery of social security to Australians, while seemingly legitimate on its...
Liberty Victoria recognizes the significant value of committal proceedings and the role they play in ensuring adequate disclosure, promoting the early resolution of cases before the courts, minimizing impact on vulnerable witnesses and ultimately easing pressures on the criminal justice system....
The Senate Legal and Constitutional Affairs Legislation Committee ,
August 16, 2019
The Bill seeks to amend the Migration Act 1958 (the Act) by introducing a twelfth set of circumstances in which a person will necessarily fail the character test enunciated at s.501(6) of the Act: where they have committed a ‘designated offence’.
The Senate Legal and Constitutional Affairs Legislation Committee ,
August 16, 2019
These amendments seek to impose a lifetime ban on obtaining a visa (for people who arrived by boat after July 2013) to travel to or remain in Australia, subject to a personal non-compellable non-delegable exemption power of the Minister.
Liberty Victoria, in conjunction with Ashlea Johnson - a transgender Melbourne woman - fully support amendments to the law to allow transgender, gender diverse and intersex Victorians to record their preferred gender on their birth certificates.
We provided this briefing paper to provide...
We have had the opportunity to consider the detailed submission of the Criminal Bar Association of Victoria, and we respectfully endorse it and its recommendations. In particular, we endorse the submission that there should be fault elements that must be proved to establish breaches of...
Independent National Security Legislation Monitor ,
July 8, 2019
Liberty Victoria continues to oppose the of the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015, in light of their subsequent operation. While limited public information is available about the application of the provisions, we understand that a number of individuals have...
If enacted the Justice Legislation Amendment (Police and Other Matters) Bill 2019 (“the Bill”) would, amongst other things:
a. Create new powers in the Crimes Act 1958 (“the Crimes Act”) for police to take a DNA sample from certain suspects and offenders without a court order, including...
Senate Legal and Constitutional Affairs Committee ,
January 24, 2019
Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 (Senator Wong’s Bill)
Liberty notes that the so-called religious exemptions amount to a preference or benefit for some religious groupings over others (including the growing numbers of the...
Senate Finance and Public Administration Legislation Committee ,
October 18, 2018
Liberty Victoria is essentially supportive of the reforms contained in the Bill. We note that there has been a significant expansion in the powers and activities of Australia’s national security and intelligence organisations over the past two decades, without a corresponding increase in review...
Liberty Victoria is strongly opposed to the amendments to the Corrections Act 1986 (Vic) (the Act) made by the Corrections Amendment (Parole) Act 2018 (Vic) (the amendments).
The effective imposition of imprisonment for life without parole constitutes cruel, inhuman and degrading...
Legal and Constitutional Affairs Legislation Committee ,
August 22, 2018
In summary, the Bill introduces an important change to the way in which family law proceedings are conducted, so that there is no undue stress and trauma caused to victims of family violence. However, the Bill does not adequately ensure that legal representation will be guaranteed and in its...
Liberty Victoria strongly opposes the abolition of de novo appeals. These significant reforms have been introduced without evidence-based support. The last investigation in 2006 by the Law Reform Committee of the Parliament of Victoria recommended that de novo appeals should be retained. Since...
Joint Select Committee on Constitutional Recognition ,
June 18, 2018
Liberty Victoria fully supports constitutional recognition of Australia's First Peoples, in the form set out in the Uluru Statement from the Heart: a constitutionally enshrined, First Nations Voice to the Parliament, and a Makarrata Commission, which will supervise a process of agreement-making...
This Bill proposes to expand the detention and supervision order regime under the Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic) to non-sexual violence offences. Under the scheme, offenders can be detained or subject to onerous supervision orders at the conclusion of their...
The Guardianship and Administration Bill 2018 is a necessary reform to update and bring Victoria’s personal guardianship and administration laws into line with modern expectations and human rights.
Guardianship and administration orders provide important protections for people with...
Parliamentary Joint Committee on Intelligence and Security ,
March 21, 2018
Joint Councils of Civil Liberties submission on the Identity-matching Services Bill 2018 and the Australian Passports Amendment (Identity-matching Services) Bill 2018 which will authorise the Department of Home Affairs to collect, use and disclose identification information in order to operate...
The portal that has been created does meet many privacy standards. The entry point stores minimal information – once the identity (ID) has been established only a token certifying that level of ID is kept on the website. The department or instrumentality being accessed is told that the ID is...
In principle Liberty supports the Children Legislation Amendment (Information Sharing) Bill 2017. However, Liberty Victoria’s view is that the proposed regime goes too far and needs to be amended to ensure that the range of information that can be stored is clearly defined, that children have...
The Expert Panel on Religious Freedom ,
February 14, 2018
Freedom of religion is properly understood to mean the freedom for an individual to have, or not have, a religious belief, to join a religion and take part in its rites and rituals, or change religion, or leave a religion, and not to be discriminated against because of their having or not having...
Last week, the Victorian Parliament passed the Firearms Amendment Bill 2017 which contained a series of significant amendments to the Firearms Act 1986.
The aspect of the Bill of most concern to civil liberties and human rights is the introduction of Firearm Prohibition Orders.
Joint Standing Committee on Electoral Matters ,
February 1, 2018
A submission was made to this inquiry by the councils for civil liberties across Australia (New South Wales Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australia Council for Civil Liberties and the Australian Council for Civil Liberties).
As noted in the Sentencing Advisory Council (SAC) issues paper, the Victorian Government announced in May 2017 that it would introduce legislation in 2018 to establish a sentencing guidelines council in Victoria. In July 2017, the Attorney-General requested the SAC to advise him on the most...
Parliamentary Joint Committee on Intelligence and Security ,
October 31, 2017
This was a combined submission of the NSW Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australian Council for Civil Liberties and the Australian Council for Civil Liberties.
Parliamentary Joint Committee on Intelligence and Security ,
October 30, 2017
This was a combined submission of the NSW Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australian Council for Civil Libertiesand the Australian Council for Civil Liberties.
Senate Legal and Constitutional Affairs Committee ,
October 20, 2017
The Bill amends the Migration Act 1958 (Cth) to empower the Minister for Immigration and Border Protection to ban mobile phones and other items in immigration detention centres. It also expands immigration officers’ warrantless search and seizure powers, and authorises them to use dogs...
The Federal Government and States have entered into an Inter-Government Agreement to set up a national database to hold driver's licence photographs and identity information. The database may be used to conduct surveillance using facial recognition technology at public places such as airports or...
Liberty Victoria made a comprehensive submission in June 2017 on why the Sentencing Amendment (Sentencing Standards) Bill 2017 (Vic) is unnecessary and threatens to undermine...
Australian Human Rights Commission ,
August 7, 2017
We support the Commonwealth Government’s commitment to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
The Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) imposes...
Joint Standing Committee on Foreign Affairs, Defence and Trade ,
August 7, 2017
Time did not permit Liberty Victoria to address in full all aspects of the Terms of Reference for this Inquiry. Our concerns therefore centred on “3 — The relationship between the freedom of religion or belief and other human rights, and the implications of constraints on the freedom of...
Department of Justice and Regulation (Vic) ,
June 14, 2017
Liberty Victoria supports the Supreme Court’s objective of minimising delay in the criminal justice system, particularly in the period between charge and the listing of trial.
However, Liberty’s view is that the Supreme Court’s current proposal will not be effective in reducing delays and...
Liberty Victoria is opposed to the proposed expansion of the powers of Protection Services Officers (PSOs) through the measures set out in the Justice Legislation Amendment (Protective Services Officers and Other Matters) Bill 2017.
PSOs are sworn officers of Victoria Police who have...
Liberty Victoria made a comprehensive submission in June 2017 (see below) on why the Sentencing Amendment (Sentencing Standards) Bill 2017 (Vic) is unnecessary and threatens to undermine the separation of powers. Unfortunately it appears...
In relation to the Sex Offenders Registration Amendment (Miscellaneous) Bill 2017, we repeat our previous criticisms of the sex offenders registration regime made in our submission on the Sex...
As made clear in our submission to the Bail Review, Liberty Victoria is opposed to the State Government’s proposal to reverse the presumption of bail in a wide number of...
Liberty Victoria had the opportunity to consider the detailed submission by Victoria Legal Aid (‘VLA’) and we respectfully endorse it and its recommendations.
We also make the following brief observations on overarching principles that can be applied to all Acts that contain provisions...
Law Reform, Road and Community Safety Committee, Victorian Parliament ,
May 24, 2017
Liberty Victoria welcomes the opportunity to contribute to this timely inquiry. Clear evidence from other jurisdictions, the medical profession and respected human rights organisations demonstrates that drug reform is a health...
The introduction of laws to govern how convictions are removed from a criminal record is a simple and straightforward reform. All other jurisdictions in Australia have laws that provide for the removal of certain less serious convictions from the records of past offenders who have not gone on to...
The Crimes Legislation Amendment (Public Order) Bill 2017 (the Bill) is intended to address concerns regarding violence at public demonstrations, in particular the commission of violent acts while wearing masks.
Liberty Victoria provided a preliminary comment on...
Legal and social issues committee, Parliament of Victoria ,
April 8, 2017
Government should reject calls for a more punitive approach to child prisoners, and should focus on the promotion of the rehabilitation of children and the removal of children from detention. In its submission to the Inquiry into Yourth Justice Centres in Victoria, Liberty noted that both major...
Liberty Victoria is mindful of the profound, pervasive, often catastrophic impacts of family violence in Victoria, and the need to develop holistic and sustained strategies to prevent and reduce family violence. Our organisation’s core concern is maintaining a society in which people’s rights,...
In Liberty's view the City of Melbourne’s proposed Activities (Public Amenity and Security) Local Law 2017 (“Amending Laws”) are draconian in their nature and target some of the most vulnerable persons in our community.
Liberty Victoria has had the opportunity to read and consider the...
Liberty Victoria and the unmanned systems industry are seeking answers to such questions as: is it legal for a neighbour to fly a drone over your backyard? Can you stop someone filming you from above at the beach?
To mark the Privacy Awareness Week 2015, Liberty Victoria and the...
Parliamentary Joint Committee on Corporations and Financial Services ,
March 9, 2017
A lot of what we know about the harm being caused by our immigration policies comes from whistleblowers. However, many stay silent, deterred from speaking out. Their silence is harmful. It is harmful to those in our care and to our democracy. Here is the submission YLLR made to the Senate...
Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill ,
January 20, 2017
Liberty Victoria welcomes the government's exposure draft marriage equality bill, but calls for religious exemptions to be removed, not expanded. Announced along with the failed plebiscite legislation, it is now subject of a Senate Inquiry.
Parliamentary Joint Committee on Human Rights ,
January 13, 2017
On 8 November 2016, the Attorney-General referred to the Parliamentary Joint Committee on Human Rights for inquiry and report, whether the operation of Part IIA of the Racial Discrimination Act 1975 (Cth) (including sections 18C and 18D) impose unreasonable restrictions on freedom of speech; and...
Senate Legal and Constitutional Affairs Committee ,
November 7, 2016
Liberty Victoria previously made a submission to the Inquiry into the Conditions and Treatment of Asylum Seekers and Refugees at the Regional Processing Centres in the Republic of Nauru and Papua New Guinea (former Inquiry). This submission into the serious allegations of abuse, self-harm and...
This Bill seeks to amend the Working with Children Act 2005 (Vic) (“the Act”). We recognise that the amendments in this Bill arise in part out of the Royal Commission into Institutional Responses to Child Sexual Abuse, and that the protection of children is paramount in consideration of the...
Liberty Victoria strongly opposes the Sentencing (Community Correction Order) and Other Acts Amendment Bill 2016 (Vic) (‘The Bill’). It is an unnecessary reform to the Community Correction Order (‘CCO’) regime that further entrenches mandatory sentencing in Victoria.
Liberty Victoria is very concerned about the Victorian Government’s announcement on proposed reforms to the Community Correction Order (‘CCO’) regime. The reforms should be strongly opposed.
The announcement reflects a fundamental misconception that by sentencing more persons to...
Joint Submission for the United Kingdom’s Universal Periodic Review in 2017 submitted by a coalition of the following international human rights, fair trial and jurist organisations:
Liberty Victoria is deeply concerned about the gradual erosion of judicial discretion in sentencing and the move towards mandatory and/or more prescriptive models of sentencing. Part of that concern stems from the need for the legislature to carefully protect the separation of powers so that a...
Independent National Security Legislation Monitor ,
August 17, 2016
The Councils for Civil Liberties (“CCLs”)[1] have made a joint submission to the Independent National Security Legislation Monitor’s (INSLM) inquiry into certain questioning and detention powers (CQDPs) in relation to terrorism....
Liberty Victoria's Young Liberty for Law Reform (YLLR) has released a report shining a light on a dark corner of our democracy. The report recommends fundamental and urgent changes to the laws that apply to whistleblowers in our immigration system, and...
The Victorian Law Reform Commission ,
April 26, 2016
Liberty Victoria welcomed the opportunity to make this submission in relation to the Victorian Law Reform Commission’s (Commission) review of the Role of the Victims of Crime in the Criminal Trial Process (Review).
Central to the Commission’s review is the question: what should the role...
Senate Standing Committees on Community Affairs ,
April 22, 2016
The legal apparatus that provides for a person with a cognitive disability to be detained, without review and on an indefinite basis, is concerning. The right to liberty, and the associated right to humane treatment while being deprived of liberty, are core tenets of Liberty Victoria...
Liberty Victoria opposes the enactment of the Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Bill 2016 (Vic) (“the Bill”). The principal issue is whether the measures proposed to be introduced by the Bill are reasonably adapted for the purpose of making the...
Liberty Victoria does not support the Infant Viability Bill 2015. We believe that the regulation of abortion has been dealt with appropriately under the Victorian Law Reform Act 2008. The Act already provides for abortion post-24 weeks which, in any case, are extremely rare and only undertaken...
Senate Legal and Constitutional Affairs Committee ,
April 8, 2016
Liberty Victoria has consistently raised concerns about the deleterious effect that offshore detention has on the human rights and well-being of asylum seekers, and of the Australian government’s outsourcing and obfuscation of its...
After working with Julian Burnside QC in his fight against unfair Myki fines, Young Liberty for Law reform created www.mykifines.org.au to help people understand their options when they are confronted by an Authorised...
Fails to provide registrants with the same important protections that are provided by the Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic) (“the Detention and Supervision OrderAct”);
Liberty Victoria opposes the Bill which proposes an amendment to the Corrections Act 1986 (Vic) (the Act) by insertion of a new provision that would, in effect, render a prisoner serving a prison sentence for murder, or conspiracy to commit murder, ineligible for parole...
The draft Privacy Amendment (Notification of Serious Data Breaches) Bill proposes to make amendments to the Privacy Act 1988 (Privacy Act) to introduce mandatory data breach notification provisions for regulated agencies, organisations and other entities (entities).
Senate Legal and Constitutional Affairs Committee ,
March 4, 2016
Liberty Victoria would have preferred the opportunity to provide a more detailed submission but the time frame allowed for their provision was impossibly short. We hope that in future more time is allowed to make submissions on such important issues.
Victorian Legislative Assembly ,
February 16, 2016
Liberty Victoria is opposed to the mandatory minimum sentence provisions in the Sentencing Act 1991 (Vic), and accordingly is also opposed to the expansion of those provisions to alleged offences against custodial officers through the Crimes Legislation Amendment Bill 2016 ("the Bill").
As an organisation Liberty Victoria is deeply concerned about the gradual erosion of judicial discretion in sentencing and the move towards mandatory and/or more prescriptive models of sentencing. Part of that concern stems from the need for the legislature to carefully protect the separation of...
The Presidents of the NSW, Victorian, Queensland and South Australian Councils for Civil Liberties and the Australian Council for Civil Liberties have put together a statement calling on the Australian Parliament to abandon the radical and misguided Australian Citizenship Amendment (Allegiance...
This document sets out the policy position of Liberty Victoria on the “No Jab, No Play” provisions in Victoria. The provisions are found in the Public Health and Wellbeing Amendment (No Jab, No Play) Act2015 (the Act) and will take effect on 1 January...
Australian Law Reform Commission ,
October 18, 2015
The Australian Law Reform Commission (ALRC) received Terms of Reference on 19 May 2014. The ALRC released an Issues Paper and called for submissions on 10 December 2014. Submissions closed on 27...
‘Age determination’ is the process by which a person’s age is assessed. In the immigration context, it refers to the processes used by the country receiving asylum seekers to determine whether a person is a minor or an adult. In Australia, the role of assessing the age of children is performed...
Senate Legal and Constitutional Affairs References Committee ,
September 4, 2015
Liberty submits that neither a referendum nor a plebiscite is an appropriate method to address matters of equality and human rights. Liberty urges the committee to reject the proposal, but to recommend instead that a Bill to amend the Marriage Act 1961 - to provide for equality in access to its...
Victorian Government Legal and Social Issues Committee ,
August 5, 2015
Liberty Victoria supports a terminally ill person’s right to die with dignity. As early as 1998 Liberty Victoria produced a booklet titled The Final Choice – Considerations on Choosing to Die, and has in the past supported voluntary euthanasia Bills.
In October 2014 the Victorian Law Reform Commission (the Commission) was asked to examine and report on how the law can better prevent organised crime and criminal organisations from infiltrating occupations and industries.
Regulatory regimes include licensing, registration requirements...
Religious groups are allowed to provide dogmatic religious instruction to primary students in government schools. Is this acceptable in secular Australia? A sustained campaign against this practice from parents, educators and academics has long argued it is not. A new report from Liberty...
Parliamentary Joint Committee on Intelligence and Security ,
July 22, 2015
The councils for civil liberties across Australia (Liberty Victoria, New South Wales Council for Civil Liberties, Queensland Council for Civil Liberties, South Australia Council for Civil Liberties and the Australian Council for Civil Liberties) collaborated around this submission because the...
The Acting Independent National Security Legislation Monitor ,
April 22, 2015
Liberty Victoria, New South Wales, Queensland, South Australian and Australian Councils for Civil Liberties made a joint submission to the Parliamentary Joint Committee on Intelligence and Security on the Independent National Security Legislation Monitor (INSLM).
Senate Legal and Constitutional Affairs Committee ,
April 21, 2015
Liberty Victoria has had an opportunity to consider the recommendations of the Law Institute of Victoria and we fully endorse them.
Liberty Victoria would have preferred the opportunity to provide more detailed submissions but the time frame allowed for their provision was impossibly...
The Victorian Government commissioned a review to consider the legislative amendments required to permit adoption of children by same-sex couples under Victorian law. The review is being conducted by Eamonn Moran PSM QC, former Chief Parliamentary Counsel and a current...
Senate Standing Committees on Rural and Regional Affairs and Transport ,
March 19, 2015
This bill seeks to prevent unnecessary delays in the reporting of animal cruelty and what are described as ‘illegal interferences in the lawful operation of animal enterprises.’
Whilst Liberty Victoria is broadly supportive of measures aimed at protecting animals against acts of malicious...
Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples ,
February 10, 2015
The Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples has been accepting submissions as part of its duties to inquire into steps required for a successful referendum on constitutional recognition of Australia’s indigenous population. The...
Victorian Department of Justice ,
December 9, 2014
Overview
1. None of the reforms proposed by the Children, Youth and Families (Disclosure of Youth Offending) Bill 2014 are necessary. They reflect an erosion of the longstanding, important and internationally-recognised principle that children who offend must...
Senate Legal and Constitutional Affairs Committee ,
November 6, 2014
For the following reasons, Liberty Victoria is opposed to this Bill:
1. The Bill seeks to repeal entirely the scheme for Freedom of Information (FOI) Review set in place in 2010. It is a return, therefore, to a system of external review that had been found wanting only four...
Senate Legal and Constitutional Affairs Committee ,
October 28, 2014
Liberty Victoria wishes to endorse the submission made by the New South Wales Council for Civil Liberties to the Inquiry into the Migration Amendment (Character and General Visa Cancellation) Bill 2014.
Of particular concern to Liberty is the increase in the Minister's personal...
Liberty Victoria is strongly opposed to the Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Bill 2014. The Bill seeks to enact mandatory sentencing (a 10 year mandatory minimum non-parole period for manslaughter in circumstances of a "coward’s punch/ strike" and/or...
Senate Legal and Constitutional Affairs Committee ,
September 5, 2014
Liberty Victoria is pleased to make the following comments on the Medical Services (Dying with Dignity) Exposure Draft Bill. Our organisation is fully supportive of the Bill, while wishing to suggest some minor amendments to its terms.