Save Australian Civil Liberties: Reverse the NSW Serious Crimes Prevention Order 2016


Save Australian Civil Liberties: Reverse the NSW Serious Crimes Prevention Order 2016
The issue
On March 22, 2016, a set of bills was introduced to the New South Wales Parliament by Deputy Premier and Minister for Justice and Police Troy Grant that included the Serious Crime Prevention Orders Bill and Criminal Legislation Amendment (Organised Crime and Public Safety) Bill.
The acts upon which this amendment is based are shockingly outdated bases for common law. Most date back to the early 90s and one was written in 1900, a time when the faces of both crime and civil liberties were starkly different than they are today. This would be one matter if the intent of the amendment had been to more clearly define violent crimes--such as differentiating hate crimes from others--but instead, the amendment's stated purpose was to "recast the offence of dealing with property suspected of being proceeds of crime so as to adopt certain provisions of the corresponding offence in the Criminal Code of the Commonwealth."
This is not the first time that Australian legislation introduced under the guise of controlling organised crime has been tightened to the detriment, instead of the expansion, of civil liberties and the presumption of innocence. This legislation made it possible for law enforcement to group people into "organisations" regardless of whether or not they are actually associated with any criminal organisation. South Australia's Serious and Organised Crime (Control) Act (2008) states:
"For the purposes of any proceedings under this Act, a person is presumed, in the absence of proof to the contrary, to be a member of an organisation at a particular time if the person is, at that time, displaying (whether on an article of clothing, as a tattoo or otherwise) the insignia of that organisation."
But one of the most shocking elements of these new bills in particular is the amending of the 2002 Law Enforcement (Powers and Responsibilities) Act, reactionary legislation, similar to the laws enacted in the United States following 9/11, that expanded law enforcement's powers to search individuals (including via the use of sniffer dogs) and otherwise compromise rights to privacy and freedom of movement without a conviction.
The wave of legislation intended to allow pathways to social restriction and isolation is the biggest and most convincing reason why Australians deserve to no longer be one of the only group of Western citizens and residents unprotected by a Bill of Rights. It's time to demand a public referendum--not only on these amendments, but on our rights to public and civil liberties and the necessity of these things to uphold the social democratic ideals of Australian society. Let us take the chance while Parliament is out of session to be the voice against public apathy and let our government know that we will not have our human rights comprimised for their comfort.
Additional information:
Parliament's page on the Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016
The Crimes (Serious Crime Prevention Orders) Bill 2016
ETA additional news sources:
The Heaps Gay article on the issue
SMH on movement restriction
The Guardian on a 'rival justice system'

The issue
On March 22, 2016, a set of bills was introduced to the New South Wales Parliament by Deputy Premier and Minister for Justice and Police Troy Grant that included the Serious Crime Prevention Orders Bill and Criminal Legislation Amendment (Organised Crime and Public Safety) Bill.
The acts upon which this amendment is based are shockingly outdated bases for common law. Most date back to the early 90s and one was written in 1900, a time when the faces of both crime and civil liberties were starkly different than they are today. This would be one matter if the intent of the amendment had been to more clearly define violent crimes--such as differentiating hate crimes from others--but instead, the amendment's stated purpose was to "recast the offence of dealing with property suspected of being proceeds of crime so as to adopt certain provisions of the corresponding offence in the Criminal Code of the Commonwealth."
This is not the first time that Australian legislation introduced under the guise of controlling organised crime has been tightened to the detriment, instead of the expansion, of civil liberties and the presumption of innocence. This legislation made it possible for law enforcement to group people into "organisations" regardless of whether or not they are actually associated with any criminal organisation. South Australia's Serious and Organised Crime (Control) Act (2008) states:
"For the purposes of any proceedings under this Act, a person is presumed, in the absence of proof to the contrary, to be a member of an organisation at a particular time if the person is, at that time, displaying (whether on an article of clothing, as a tattoo or otherwise) the insignia of that organisation."
But one of the most shocking elements of these new bills in particular is the amending of the 2002 Law Enforcement (Powers and Responsibilities) Act, reactionary legislation, similar to the laws enacted in the United States following 9/11, that expanded law enforcement's powers to search individuals (including via the use of sniffer dogs) and otherwise compromise rights to privacy and freedom of movement without a conviction.
The wave of legislation intended to allow pathways to social restriction and isolation is the biggest and most convincing reason why Australians deserve to no longer be one of the only group of Western citizens and residents unprotected by a Bill of Rights. It's time to demand a public referendum--not only on these amendments, but on our rights to public and civil liberties and the necessity of these things to uphold the social democratic ideals of Australian society. Let us take the chance while Parliament is out of session to be the voice against public apathy and let our government know that we will not have our human rights comprimised for their comfort.
Additional information:
Parliament's page on the Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016
The Crimes (Serious Crime Prevention Orders) Bill 2016
ETA additional news sources:
The Heaps Gay article on the issue
SMH on movement restriction
The Guardian on a 'rival justice system'

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Petition created on 14 April 2016