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On Anti-Protest Bill …
Media release – Human Rights Law Centre, 5 May 2022
New Tasmanian anti-protest Bill is unnecessary and undemocratic
Leading Tasmanian and national civil society groups are calling on the Rockliff government to halt the introduction of an alarming new anti-protest law, currently before the Tasmanian Parliament.
The Tasmanian lower-house is considering the Police Offences Amendment (Workplace Protection) Bill 2022, which would substantially increase penalties and create new offences for protest-related activity.
The Bill would have a significant chilling effect on the democratic freedom to protest. It is the Tasmanian Government’s fourth attempt to restrict citizens’ right to peaceful advocacy after previous attempts were struck down by the High Court and rejected by the Tasmanian Parliament.
The groups are calling on the government to withdraw the proposed law.
Eloise Carr, Tasmania Director at The Australia Institute, said:
“The Tasmanian Government’s new anti-protest bill continues their sustained attack on Tasmanians’ democratic right to peacefully protest. The bill creates disproportionate penalties, more than tripling the existing penalty for public annoyance and penalising trespass with the same penalty as for aggravated assault.”
Kieran Pender, Senior Lawyer at the Human Rights Law Centre, said:
“This draft law is unnecessary and undemocratic. Any law that threatens to chill the fundamental democratic freedom to protest must be necessary, proportionate and subject to sufficient safeguards and oversight. The proposed law does not meet these criteria and should not become law.”
Nala Mansell of the Tasmanian Aboriginal Centre said:
“Public protest is critical to the advances made by the Aboriginal community in the last half century. Without public protest there would have been no Royal Commission into Aboriginal Deaths in Custody and no reforms to Tasmanian law to remove discriminatory provisions. As a community without easy access to public media, public protest is one of our very few avenues for seeking law reform to protect the interest of our community.”
Jenny Weber, Campaign Manager at the Bob Brown Foundation, said:
“Tasmania’s government is representing logging, mining and fish farm corporations with their anti-protest bill. In a healthy democracy citizens have a fundamental right to protest. Premier Rockliff must not sell off our democratic rights to protect nature’s destroyers. These new laws go too far but they will not stop citizens standing up to defend wild places, native forests and wildlife.”
Ray Yoshida, Campaigner at the Australian Democracy Network, said:
“Freedom of assembly and the right to peaceful protest is a cornerstone of our democracy. The Tasmanian parliament should preserve these rights by stopping the passage of this unnecessary bill.”
Adrienne Picone, CEO at the Tasmanian Council of Social Service, said:
“Protests and demonstrations are important ways for people who are excluded and marginalised to have their voices heard in public debate. We are concerned the Bill could discourage people from engaging in peaceful, legitimate protest out of fear or confusion about whether the activity is lawful.”
Sarah Lovell, Shadow Minister for Workplace Relations, 5 May 2022
Barnett walks away from draconian workplace legislation, supports Labor
Labor will always fight for the rights of all workers to a safe workplace.
Labor welcomes the fact that Minister Barnett has finally been forced to abandon his standalone draconian and unconstitutional legislation and instead adopt Labor’s proposed approach of strengthening offences in the Police Offences Act.
After six years of Minister Barnett using worker’s safety in a political game, we finally have legislation on the table that could see improved protection for workers against radical green protests.
Labor will always support the right to protest, but we don’t support any action that places workers at risk.
While we will be seeking to amend parts of the Bill before the Parliament to address what appear to be unintended consequences that go beyond the aim of protecting workers, we will support provisions that protect workers put at risk by radical green protests.
However, if the Rockliff-Ferguson Government were genuine about worker safety they would also provide additional resources to the critically underfunded WorkSafe and implement all recommendations of the independent Boland Report, including legislating for Industrial Manslaughter.
Media release – Kristie Johnston, independent MHA for Clark, 5 May 2022
Bill Targets the Homeless and Vulnerable
The There is plenty to worry about with the Police Offences Amendment (Workplace Protection) Bill, not least an unreasonable crack-down on peaceful protests, the tripling of penalties for convictions, and a new concept of “aggravated trespass”.
However, one potential consequence not canvassed in Minister Barnett’s second reading speech is the intention to extend the definition of “public annoyance” in the Police Offences Act, a ham-fisted amendment that has the potential to target the most vulnerable people in our society, in particular the homeless.
The proposal to add to the existing definition that a person shall not “unreasonably obstruct the passage of vehicles or pedestrians on a street” may look benign enough in passing but could sweep up the homeless and marginalised in our society.
People who are sleeping rough, are itinerant or escaping violence could easily fall foul of this new provision if the police apply a low threshold for the concept of “unreasonably obstruct”.
The bottom line is that the Police Offences Amendment (Workplace Protection) Bill is simply not necessary. The existing powers and penalties are more than sufficient for the police to maintain order.
If these changes are brought in, those wishing to peacefully protest will be walking on eggshells. All our laws must respect and allow for peaceful public protests as a fundamental democratic right.
I won’t support any Bill that curtails this right and disproportionately targets the most vulnerable in our community and those who seek to have a voice.
The Police Offences Amendment (Workplace Protection) Bill must be withdrawn.