Tasmanian Upper House must reject dangerous anti-protest Bill
Leading Tasmanian and national civil society organisations are urging the Tasmanian Upper House to reject the Rockliff government’s alarming new anti-protest law, which passed the Lower House in May.
The Police Offences Amendment (Workplace Protection) Bill 2022 (Tas) is expected to be debated in the Upper House on Wednesday, with a potential vote to follow. The Bill would significantly increase penalties and create new offences for a broad range of protest-related activity.
Under the proposed laws:
a community member marching on the streets to Parliament House could be jailed for three months;
a hospitality worker staying at their workplace to demand they are paid properly could be fined over $8,000; and
a protestor could be charged for ostensibly putting themselves at risk, with maximum jail time of 30 months or a $21,000 fine.
The groups warn that the Bill would have a significant chilling effect on the freedom to protest. While it should be rejected, if it is to proceed, they call on MPs to secure amendments to ensure the right to protest is protected.
This is the Tasmanian Government’s fourth attempt across eight years to restrict citizens’ right to peaceful advocacy after previous attempts were struck down by the High Court and rejected by the Tasmanian Parliament. It forms part of a worrying trend in which several jurisdictions across Australia, including NSW and Victoria this year alone, have or are attempting to restrict protest rights.
Kieran Pender, Senior Lawyer at the Human Rights Law Centre, said:
“Make no mistake, this Bill should be rejected by the Tasmanian Upper House. It is neither necessary or proportionate, nor does not include sufficient safeguards and oversight. We are calling on Upper House MPs to stand on the right side of history and reject the Bill, or at the very least, secure substantial amendments to protect the fundamental right to protest in Tasmania.”
Jane Hutchison, Chair of Community Legal Centres Tasmania, said:
"We are very concerned that this Bill will have a chilling effect on the community’s right to protest. We strongly believe that the trespass laws already in place are appropriate to deal with unlawful entry onto workplaces and there is no need to significantly increase the penalties".
Jo Flanagan, CEO of Women’s Health Tasmania
“Without public protests women would never have got the vote. Without protest we would not have won the right to equal pay, or access to legal abortion services. We are still protesting for the right to live free from family violence and sexual assault. This proposed Bill is unnecessary and harsh, and a real threat to very important democratic freedoms.”
Adrienne Picone, CEO of the Tasmanian Council of Social Service, said:
“TasCOSS strongly supports all Tasmanians who wish to exercise their freedom of political communication, which includes lawful, peaceful protest. We are very concerned the Bill in its current form will discourage Tasmanians from speaking out about injustices in their community. This draft legislation is meant to be about protecting workplaces, but the inclusion of new public space offences could have much wider consequences for Tasmanians, particularly those who are already experiencing disadvantage.”
Nikita White, Campaigner at Amnesty International, said:
"Just about every movement that has created positive change - from the suffragettes to the 1967 referendum - began with peaceful protest. The ability to assemble is of fundamental importance, not only as a means of political expression, but also for the safeguarding of human rights. This bill is unnecessary and stifles the right to protest of Tasmanians, and it should be rejected."
Media contact:
Evan Schuurman, Human Rights Law Centre, evan.schuurman@hrlc.org.au, 0406 117 937.
