Submissions

Latest submissions

, March 21, 2017

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...

, March 17, 2017

Liberty Victoria's submission to the Bail Review focuses on five topics related to the Bail Act 1977 (Vic):

  1. Who should make bail decisions?; 
  2. The construction of section 4 of the Bail Act; 
  3. The need for improved information-sharing;
  4. The need for bail...
, 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...

, February 20, 2017
, 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. 

Liberty is pleased the bill would replace the...

, 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...

, 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...

, November 4, 2016

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...

, October 31, 2016

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.

This Bill...

, October 12, 2016

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...

, September 23, 2016

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:

  • Center for Constitutional Rights
  • Eva Joly Institute
  • National Lawyers Guild
  • ...
, September 14, 2016

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...

, August 17, 2016

The Victorian Police Minister has foreshadowed laws to ban masks at protests. There have been reports that such laws may be of two kinds:

  1. Laws making it an offence to wear masks at protests and demonstrations;[1] and
  2. ...
, 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....

, August 5, 2016

Liberty Victoria has in recent days been contacted by a number of persons concerned about the 2016 Census and the privacy implications for them.

Liberty acknowledges that the collection of statistical data is a necessary and useful means for governments to plan for the...

, June 10, 2016

'What we don't know, can hurt us’

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...

, June 9, 2016 , 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...

, 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...

, April 18, 2016

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...

, April 18, 2016

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...

, 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...

, April 6, 2016

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...

, March 29, 2016

Liberty Victoria is opposed to the Bill which:

  1. 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 Order Act”);
  2. ...
, March 17, 2016
  • Intimate partner violence is the top risk factor for death, disability and illness in Victorian women aged 15 – 44.
  • One women is killed by her intimate partner almost every week.
  • Aboriginal women are five times more likely to be killed than non-Aboriginal women...
, March 8, 2016

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...

, March 8, 2016

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).

Liberty...

, March 4, 2016

Liberty Victoria is strongly opposed to the Bill and has submitted a comment to the Legislative Council of Parliament of Victoria.

, 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.

In general terms, Liberty Victoria...

, March 1, 2016

What happens to people when they are released from prison? This video explores some of the many issues facing people leaving the prison system. 

, 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").

...

, February 8, 2016

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...

, November 23, 2015

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...

, November 16, 2015
  1. 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) Act 2015 (the Act) and will take effect on 1 January...
, 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...

, September 14, 2015

‘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...

, 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...

, 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.  

Liberty Victoria has had...

, August 3, 2015

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...

, July 31, 2015

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...

, 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...

, June 27, 2015
, June 4, 2015 , May 8, 2015

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...

, May 7, 2015

Liberty Victoria is deeply concerned about the following aspects of the Bill:

  1. Making recklessness the fault element for attempted offences against Part 9.1 of the Criminal Code Act 1995 (Cth) (“the Criminal Code”);
  2. Removing the “intent to manufacture” element from...
, 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).

The inquiry sought public...

, 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...

, April 1, 2015

The Review:

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...

March 21, 2015

 

Legal funding for asylum seekers was drastically cut on 31 March 2014.

Asylum seekers need lawyers. The refugee determination process in Australia is highly complex....

, 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...

, 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...

, January 20, 2015
, January 12, 2015 , December 16, 2014
, 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...

, 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...

, 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...

, October 3, 2014
, September 15, 2014

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...

, September 5, 2014
, September 5, 2014 , 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.  

Liberty Victoria has a long and proud...

, August 22, 2014 , August 16, 2014
, May 8, 2014 , April 24, 2014
, March 7, 2014 , January 24, 2014

Submitted to the Victorian Department of Justice

, January 24, 2014

Submitted to the Victorian Law Reform Commission

, September 1, 2013

Submitted to Victoria Police Community Consultation - Cultural Training and 'Field Contact' Policies and Processes.

, July 1, 2013

To the Senate Legal and Constitutional Affairs Committee

, June 1, 2013

Submitted to Senate Standing Committee on Legal and Constitutional Affairs

, April 1, 2013

Submitted to Senate Legal and Constitutional Affairs Committee

, February 1, 2013

Submitted to Senate Legal and Constitutional Affairs Committee