Premier Morris Iemma
NSW government
I write to comment on the new public disorder powers, and to inform you and your police that I consider them to be bad laws.
I do not wish myself or any member of my family to ever be physically touched by another person without my full consent. To be physically searched (without a justifiable warrant issued from a court of law) is a physical assault.
To have my car or other personal possessions searched without my approval is also an attack on my civil rights. I absolutely refuse to be treated as a "terrorist" in my own country.
I find this attack upon my freedoms to be doubly abhorrent, as I am also a proud Aborigine, and the historical trauma for the previous 218 years must be addressed without adding to that trauma.
These changes will take away innocent citizens' rights [and] give an opportunity to "create" victims of abuse. The NSW Police already have far too much power, including the power to kill with complete immunity. This fact is well known to my people and others.
I firmly believe that such an act of aggression by police or others could result in [me] be[ing] forced, against my will, to compound the situation, perhaps even breaking the law, by the very human act of defending myself.
Should such a warrant ever be issued against me, I would demand as a minimum request and right:
- A male doctor or a fully qualified male psychologist/psychiatrist to be present at all times, ideally from the closest Aboriginal Medical Service, and
- for any search upon my person to be conducted by a qualified and authorised male, and
- to be shown clear and positive proof of the need of such a search, and
- to know exactly who the person is who is demanding the search, and under whose orders that person is conducting the search, and
- for such a search to be undertaken in complete privacy, and
- for my nominated person, whether family or friend, to be present for my support and protection at all times ... in addition to my chosen solicitor and/or barrister being also present.
I am extremely concerned about the "seizure of property" section in that the wording "such as alcohol" is too loose and is too easily open to the interpretation of the person doing the seizing.
Under these new laws, the scenario presents itself that I could be quite innocently sharing a social drink in an outdoor setting with a few of my friends, and our alcohol (or perhaps even food?) could be taken without our approval.
I am greatly concerned that without a warrant and without any cause for complaint, my vehicle could be confiscated, merely on the racist whim of a police officer. Should my mobile phone also be confiscated, I could not call for help or seek legal assistance. This is outrageous.
In summary, under these bad laws, any upstanding, law abiding citizen could finish up on the side of the road, after being physically assaulted, without a means of transport or any means of communication with family or support networks.
I will not accept bad laws of any kind and I will do all in my power to resist complying with these bad laws. I shall be urging others to also resist these bad laws.
For Koori justice.
Ray Jackson From Green Left Weekly, January 25, 2006.
President, Indigenous Social Justice Association
December 23, 2005
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