The Tasmanian Greens have called for a Tasmania Police proposal to charge protesters for costs to be rejected on the grounds that it contravenes the fundamental democratic right to protest, which is a basic foundation of a free society.
Greens Leader Nick McKim MP said that a public outcry had prevented a previous attempt to recover costs from Allana Beltran, the ‘Weld Angel’, and it is disappointing to see the controversial proposal emerge again in the Consultation Paper on a range of amendments purported to modernise and simply the Police Offences Act 1935.
Mr McKim also called for the introduction of a Tasmanian Charter of Rights to be implemented, as recommended by the Tasmanian Law Reform Institute in 2007.
“The democratic rights of Tasmanians to protest peacefully and non-violently should not be reduced to a user-pays system,” Mr McKim said.
“Nor should any moves to introduce such a measure, which flies in the face of people’s democratic rights, be contained in this Consultation Paper, which purports to be focused upon modernising and streamlining the Police Offences Act.”
“The Greens are very disappointed that charging protesters for costs has been bought back onto the agenda, given the public outcry when it was first attempted against the Weld Angel in 2008.”
“Many people in our community, including nurses, unions, the Aboriginal community, forest loggers, gay rights activists, women’s rights activists, already participate in the democratic right to protest and this proposed amendment puts that at risk.”
“It also does not make sense why Police would seek to charge costs against those who are exercising their democratic rights, when they do not seek costs against those who commit heinous crimes against our community. Individuals convicted of crimes including physical assaults and even murder, all of which must consume a vast amount of police time and resources, do not then have costs sought against them to repay the police for their time.”
“In the Greens’ view these moves, which could fundamentally distort basic democratic rights, demonstrate why the recommended Charter of Rights should be progressed and implemented.”
“Everyone is equal in the eyes of the law, and everyone should feel secure that they will be treated as equal before the law. This proposal to seek to recover costs erodes that certainty, and must be rejected by the Police Minister,” Mr McKim said.
Download: Copy of the Tasmanian Greens MPs’ submission, Defending our Democratic Rights December 2011, to the public consultation process on the proposed amendments to the Tasmanian Police Offences Act 2935, from the Greens website, HERE
Bob Brown:
Protestors shouldn’t be treated differently
Tasmanian police are alone in wanting to charge protestors for costs associated with their arrest, Australian Greens Leader Bob Brown said today.
In a submission to the consultation paper about the proposed changes, Senator Brown said no other state or territory has such an anti-democratic law.
“Such a law would have put the suffragettes out of business and would have left slavery flourishing,” Senator Brown said in Hobart.
Download: Senator Brown’s submission:
Senator_Brown_Tasmanian_Police_Offence_Act_submission_8.12_.11_.pdf
