Right to protest
Unlike in other democracies, the right to protest is not legally protected in Australia. While Victoria, Queensland and the ACT have human rights legislation that protects the right to peaceful assembly to a certain extent, this does not exist at a national level.
Our plan
The Australian Government should pass legislation to protect the right to peaceful assembly and protest. This should include:- Preserving the right to peaceful assembly and protest in public spaces
- Ensuring peaceful protestors are not subject to ongoing surveillance
- Ensuring peaceful protestors are not penalised for inconvenience or disruptions to everyday life
The evidence
State governments have passed a number of laws in recent years that put significant penalties in place for peaceful protest:
- South Australia: The SA Government passed laws in 2023 introducing fines of $50,000 and prison sentencing of 3 months for "conduct that obstructs the free passage of a public place". The laws were introduced into the SA Parliament by Premier Peter Malinauskas the day after protests were staged around the Australian Petroleum and Exploration Association (APPEA) annual conference on 17 May 2023. The laws passed with the support of both major parties.
- NSW: The NSW Government passed laws in 2022 introducing fines of up to $22,000 and jail for up to two years for protesting on public roads, rail lines, tunnels, bridges and industrial estates. The laws passed with the support of both major parties. (Note: As of Dec-2023, these laws have been partially struck down by the NSW Supreme Court).
- Victoria: The Victorian Government passed laws in 2022 introducing fines of over $21,000 and jail time of up to 12 months for interfering with timber harvesting operations.
- Queensland: The Queensland Government passed laws in 2019 banning devices which allow protestors to lock themselves on to a location, with prison sentences of up to 2 years for the use of such devices.
- Tasmania: The Tasmanian Government passed laws in 2022 introducing potential sentencing of 12 months in prison for obstructing access to a workplace as part of a protest. Additionally, an organisation supporting members of the community to protest could be fined over $45,000.
The right to peaceful assembly and protest allows Australians to express their views and push for legal, political, and social change. Australia has a proud history of protest leading to change, including for female suffrage, the eight hour working day, the preservation of the Franklin River, and the recognition of aboriginal land rights.
"The right to protest is a cornerstone of a robust civil society that holds the powerful to account." - David Mejia-Canales, Human Rights Law Centre
References:
The Mandarin. What Australia gets wrong about the right to protest 30 Aug 2023.
Sydney Morning Herald. Supreme Court overturns NSW’s tough anti-protest laws. 13 Dec 2023.
ABC News. South Australia's Protest Laws are Changing. Here's How. 2 Jun 2023.
Human Rights Law Centre. Explainer: SA's proposed anti-protest laws
Human Rights Law Centre. Declaration calls for governments to protect protest.
New Republic. Meet the Shadowy Network Vilifying Climate Protestors. Sep 2023.