Submissions

Latest submissions

, November 16, 2023

Dear Prime Minister,

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.

Since October 7, 2023, Australians have...

, 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...

, October 20, 2023

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 ...

, 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...

, 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...

, 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...

, 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).

, 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...

, 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...

, 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...

, March 7, 2023

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...

, January 10, 2023

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....

, December 7, 2022

This submission responds to the Yoorrook Justice Commission’s Issues Paper 1: Systemic Injustice in the Criminal Justice System.

The following submission focusses on:

(a) The need to raise the minimum age of criminal responsibility;

(b) Victoria’s harsh bail laws;

(c...

, September 19, 2022

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...

, September 5, 2022

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...

, August 16, 2022

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...

, August 15, 2022

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...

, August 2, 2022

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...

, June 16, 2022

The Hon Mark Dreyfus QC MP
Attorney-General of Australia
By email: attorney@ag.gov.au
8 June 2022

Dear Attorney-General,

Congratulations on Behalf of the Civil Liberties Community in Australia

We...

, 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...

, 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).

The Federal Government should develop a...

, 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...

, February 8, 2022

The Australian Privacy Foundation, Queensland Council of Civil Liberties and Liberty Victoria have made a detailed submission to...

, 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...

, 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...

, 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
...

, 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

, October 26, 2021

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.

We hold concerns that...

, 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...

, 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...

, 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.

, 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

Liberty Victoria is concerned that the...

, August 3, 2021

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...

, 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...

, 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 ...

, 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...

, April 1, 2021

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.

A...

, 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...

, 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...

, 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...

, 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...

, June 18, 2020

No compelling case has been put forward by the Government to justify the proposed amendments and they are entirely unnecessary and disproportionate;

The amendments would provide the Minister with an unjustifiably broad personal power to prohibit anything he or she personally wished to...

, March 11, 2020

This Human Rights and Technology Discussion Paper submission is made jointly by the Australian Privacy Foundation, the Queensland Council for Civil Liberties, Liberty Victoria, Electronic Frontiers Australia...

, January 31, 2020

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...

, 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...

, October 21, 2019
  1. 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...
, 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...

, 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...

, 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...

, August 27, 2019

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....

, 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’.

Liberty...

, 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.

We recommend the Bill not be passed. 

Our...

, August 15, 2019

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...

, July 22, 2019

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...

, July 8, 2019 , July 8, 2019
, 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...

, February 15, 2019

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...

, 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...

, 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...

, September 3, 2018

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...

, 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...

, August 21, 2018

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...

, 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...

, May 26, 2018

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...

, April 24, 2018

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...

, 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...

, March 7, 2018

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...

, March 6, 2018

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...

, February 19, 2018

As previously stated in our submission to the Bail Review and commentary in respect of the Bail Amendment (Stage One) Bill 2017,...

, 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...

, February 13, 2018

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.

Did...

, 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).

...

, January 22, 2018

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...

, November 16, 2017

Liberty Victoria had the opportunity to consider the detailed submission by Future Wise and respectfully endorsed it and its recommendations. 

, 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.

, 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.

, 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...

, October 5, 2017

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...

, August 10, 2017

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...

, August 10, 2017

Liberty Victoria is opposed to the Crimes Amendment (Ramming of Police Vehicles) Bill 2017 (“the Bill”).

We note that the Bill has been introduced by the Coalition Opposition.

There is simply no need for the Bill. It forms part of the law and order auction leading up to...

, 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...

, 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...

, 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...

, June 5, 2017

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...

, June 5, 2017

Updated comment - 9 August 2017:

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...

, May 31, 2017

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...

, May 30, 2017

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...

, May 30, 2017

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...

, 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...

, May 19, 2017

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...

, May 4, 2017
, April 28, 2017

Liberty Victoria has made a submission to the Independent National Security Legislation Monitor’s (INSLM) Statutory Deadline Review of:

  1. Division 3A of Part IAA of the Crimes Act 1914 (Cth) (Crimes Act) (Stop and Seize powers);
  2. ...
, April 13, 2017
  1. 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.
  2. Liberty Victoria provided a preliminary comment on...
, 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...

, April 3, 2017

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,...

, 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 14, 2017

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...

, 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 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

, November 23, 2005