The Liberal Government believes that workers have a right to earn a living without the threat of radical protesters shutting their business down.
We also strongly believe in freedom of speech and the right to protest.
We have listened to MLCs and a wide range of individuals and organisations in relation to the Workplace Protection from Protesters Bill.
Accordingly we propose to make amendments which remove perceived ambiguities and unintended consequences, while at the same time ensuring the intent of the bill – protection for workers from workplace invasions – is maintained.
Broadly speaking the amendments will serve to narrow the scope of the Bill in order to protect the rights of people involved in “regular” protests.
In particular the amendments will:
• Provide for a strengthened test of intent to deliberately obstruct a business before action is taken under the Bill
• Amend the scope of business activity included in the Bill, removing some premises such as those used as shops, markets, professional offices or for the sale of food or drink, as well as public places;
• Address issues raised by the TFGA;
• Give the prosecution the power to elect whether a case is proceeded by indictment (ie Supreme Court) or summarily (Magistrates Court);
• Amend the range of penalties consistent with the proposed introduction of summary offences (noting that the minimum three month’s jail for repeat offenders will be maintained).
These amendments will ensure that the Bill continues to reflect the policy the Liberal Party took to the election, and for which a clear majority of Tasmanians voted in favour of, while addressing community concerns about unintended consequences.
We are delivering on our pledge to support the right of businesses and workers to go about their work without protest activities deliberately preventing them from earning a living.
The amendments are currently being drafted and will be introduced into the Legislative Council prior to the Bill’s debate in the Spring session.
Paul Harriss, Minister for Resources
