The SMH reported this morning:
In a submission on the second draft of the(Religious Discrimination) bill, more than 160 Muslim organisations renewed their calls for anti-vilification measures to be included in the religious discrimination bill, arguing anti-Muslim hate networks are growing online, "thanks to an environment of legal uncertainty".
The groups want a new civil remedy that would make it unlawful to engage in conduct "that would, or is likely to, harass, threaten, seriously intimidate or vilify" a person or group of persons on the grounds of their religious belief or activity.
The words of the proposed laws are so broad that anyone who says anything uncomplimentary of "a person or group of persons on the grounds of their religious belief or activity" could be found in breach.
The phrase "likely to, harass, threaten, seriously intimidate or vilify" also is capable of being define broadly; correspondence from the NSW LPAB which is chaired by the Chief Justice Tom Bathurst and which comprises some of the most senior judicial officers in NSW suggests that even complaints to the relevant authorities against suppliers who fail to provide goods and services as promised can be considered to be a form of threat or intimidation.
The fact that the amendments have been requested by the Muslim community raises the likelihood that if the amendments become law they will be enforced liberally. As reported on this blog, senior judicial officers including Chief Justice Bathurst have shown that even judges of the Supreme Court NSW cannot expect to be supported or protected when they include in their judgements anything that is uncomplimentary of Islam. As reported on this blog:
Bathurst CJ's undermining Fagan J while promoting his own agenda not a one-off; Bathurst desire to insert himself in public debate damaged public perception of the judiciary' in 2017
The amendments are so broad that even researchers referring to academic literature of Islamism, political Islam and jihadism could be adversely affected. These words contained in ASIO's recently published threat assessment may also be in breach of the proposed amendments:
The character of terrorism will continue to evolve and we believe that it will take on a more dispersed and diversified face.
Violent Islamic extremism of the type embodied by the Islamic State and al’Qaida and their off-shoots will remain our principal concern.
Tens of thousands of Islamic extremists travelled to the Middle East to join AQ aligned groups and ISIL, including from countries which weren’t previously known as sources of Islamic extremists. And as we all know Australians joined that movement.There are now more Islamic extremists from more countries active in more places than ever before.
END
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This was published 1 year ago
Lawyers back Muslim community after controversial comments from bench
By Michaela Whitbourn
February 8, 2019 — 12.00am
The peak body for the legal profession in Australia has called for better "communication and understanding of the Islamic faith" by lawyers and judges, days after a NSW Supreme Court judge courted controversy by urging Muslims to publicly disavow violence in the Koran.
Justice Desmond Fagan, who has presided over a number of terrorism-related cases, said last week the "unqualified acceptance" of the Koran by Australian Muslims "without explicit repudiation of verses which ordain intolerance, violence and domination ... will embolden terrorists to think they are in common cause with all believers".
Members of the legal profession and Muslim community arrive at the 2019 Opening of Law Term Service at Auburn Gallipoli Mosque.CREDIT:JAMES BRICKWOOD
Lawyers back Muslim community after controversial comments from bench
By Michaela Whitbourn
February 8, 2019 — 12.00am
The peak body for the legal profession in Australia has called for better "communication and understanding of the Islamic faith" by lawyers and judges, days after a NSW Supreme Court judge courted controversy by urging Muslims to publicly disavow violence in the Koran.
Justice Desmond Fagan, who has presided over a number of terrorism-related cases, said last week the "unqualified acceptance" of the Koran by Australian Muslims "without explicit repudiation of verses which ordain intolerance, violence and domination ... will embolden terrorists to think they are in common cause with all believers".
Members of the legal profession and Muslim community arrive at the 2019 Opening of Law Term Service at Auburn Gallipoli Mosque.CREDIT:JAMES BRICKWOOD
"If Australian followers of the religion, including those who profess deep knowledge, were to make a clear public disavowal of these verses, as not authoritative instructions from Allah, then the terrorists’ moral conviction might be weakened," he said.
Justice Fagan was sentencing Sameh Bayda and Alo-Bridget Namoa, a young couple, both 21, found guilty in October last year of conspiring to do an act in preparation for a terrorist act between December 8, 2015 and January 25, 2016.
On Thursday evening, high-profile members of the legal profession and the judiciary, including NSW Supreme Court and Federal Court judges, attended an Islamic Service to mark the opening of the 2019 Law Term at the Auburn Gallipoli Mosque in Sydney.
The president of the Law Council of Australia, Arthur Moses, SC, said the Islamic Service was "a significant occasion for both the legal profession and the community" and it was "important that there is communication and understanding of the Islamic faith in Australia’s legal profession and the judicial process"
Justice Fagan was sentencing Sameh Bayda and Alo-Bridget Namoa, a young couple, both 21, found guilty in October last year of conspiring to do an act in preparation for a terrorist act between December 8, 2015 and January 25, 2016.
On Thursday evening, high-profile members of the legal profession and the judiciary, including NSW Supreme Court and Federal Court judges, attended an Islamic Service to mark the opening of the 2019 Law Term at the Auburn Gallipoli Mosque in Sydney.
The president of the Law Council of Australia, Arthur Moses, SC, said the Islamic Service was "a significant occasion for both the legal profession and the community" and it was "important that there is communication and understanding of the Islamic faith in Australia’s legal profession and the judicial process"
"Without referring to or passing comment on any recent case, I make the observation that we must ensure that the criminal actions of a few are not used to unfairly judge, discriminate against or condemn a whole community and religion and that those who break our laws are the ones that pay the price and bear the punishment – not others wrongly implicated by association. Ultimately, we are one community," he said.
Mr Moses welcomed the appointment on Wednesday of Sydney barrister Bilal Rauf as spokesperson for the Australian National Imams Council (ANIC). He said Mr Rauf's "commitment to the administration of justice and to providing opportunities for engagement with the Australian Muslim Community is to be commended".
In a statement last week, ANIC said it was "disappointed and deeply concerned about the comments which were recently made by Justice Desmond Fagan directed at Australian Muslims and Islam generally".
Muslims categorically reject extremist interpretations of the Koran
It said Justice Fagan "did not have any regard to the mainstream and orthodox religious positions" relating to the verses relating to the verses of the Koran in question, "and instead implicated the community and faith at large, by association".
"Muslims categorically reject extremist interpretations of the Koran and the misuse of Islam by extremists. Indeed extremists have caused immense suffering to Muslim communities around the world. Australian Muslim leaders, scholars and community members have repeatedly rejected extremist interpretations of the Koran," the statement said.
The council warned that the judge's comments would "undermine the positive efforts of community leaders and members to deal with radicalisation" and "will also likely embolden those who pursue divisive and hate-filled dialogue and agendas".
"Ultimately, we are one community and we need to work together to overcome the issues which confront our Australian society," the council said.
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