National association of lawyers have lashed out against state gov for anti-protest laws
A national association of lawyers has lashed Tasmania’s state politicians for passing anti-protest laws, saying they appear to support “the pursuit of profit at the expense of society”
Tasmania
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A national association of lawyers has lashed Tasmania’s state politicians for passing anti-protest laws, saying they appear to support “the pursuit of profit at the expense of society”.
The Australian Lawyers Alliance (ALA) says the Police Offences Amendment (Workplace Protection) Bill 2022 was “undemocratic and too broad in scope”, despite several amendments being made to it in the Legislative Council.
“It completely ignores the legitimate role of protest in civil society as a means of improving it,” ALA spokesman and Tasmanian barrister Fabiano Cangelosi said.
“It seems that the fundamental concern of the proponents of the legislation is the pursuit of profit at the expense of society.
“The legislation will do nothing at all to protect Tasmanian jobs, and nothing at all to protect resource reliant communities. Its only effect will be the chilling of political discourse in the wider community.”
Mr Cangelosi said there were “ample existing powers” in the Police Offences Act covering trespass and obstruction of streets and public spaces.
The bill passed the upper house by six votes to five and will now go back to the House of Assembly for a vote on the amendments.
It was designed to create tougher penalties for protesters who trespassed on workplaces, disrupted businesses, obstructed streets, or created a “public nuisance”.
Upon the bill’s passage through the upper house, State Development, Construction and Housing Minister Guy Barnett said “intimidating, threatening and endangering employees will never be acceptable”.
“The Tasmanian government respects the right to protest and every Tasmanian’s right to free speech, but it is also important this is not at the expense of the right to lawfully work or run a business,” he said.
Mixed feelings as anti-protest laws pass major milestone
A watered-down version of the state government’s anti-protest laws have passed the Legislative Council — to the dismay of the Greens and conservationists.
The Police Offences (Workplace Protection Bill) 2022 was intended to toughen penalties for protesters who trespass on workplaces, disrupt businesses, obstruct streets, or otherwise create a “public nuisance”.
It created new offences including “public annoyance: and raise penalties to $21,625 or 30 months jail for individuals who offend repeatedly and $103,800 for organisations.
Amendments made in the Legislative Council reduced maximum penalties, requiring proof of substantial obstruction and exempting workers protesting at their own workplaces as part of an industrial campaign.
The bill passed by six votes to five and will now return to the House of Assembly for a vote on the amendments.
Minister for State Development, Construction and Housing Guy Barnett welcomed the bill’s passage through the upper house.
“Intimidating, threatening and endangering employees will never be acceptable,” he said.
“We’ve been elected three times with policies designed to protect the rights of workers and to deter unlawful interference with workplaces,” he said.
“The Tasmanian Government respects the right to protest and every Tasmanian’s right to free speech, but it is also important this is not at the expense of the right to lawfully work or run a business.”
Greens leader Cassy O’Connor described the vote as “a sad day for democracy”.
“With its passage through the Legislative Council, the Liberal Government’s savagely undemocratic and unnecessary anti-protest legislation is all but certain to become law,” she said.
“Debate confirmed five MLCs listened to the deep concerns of the Aboriginal community, unions, NGOs, environment groups, young climate activists and the wider community.
“In contrast, six other MLCs gave their ears, attention and votes to a small number of vested interests, including a Chinese state owned mining company intent on trashing the Takayna rainforest.
Bob Brown Foundation campaigner Scott Jordan also condemned the passage of the bill.
“Amendments made to the bill in the Legislative Council temper some aspects of the bill, but they do not address the fundamentally anti-democratic nature of this attempt to silence protest, particularly its intent to financially ruin and jail citizens engaged in environmental protest,” he said.
“This bill was always aimed directly at our foundation and our successful, popular campaigns. “It is the government of big business pandering to logging, mining and fish-farming corporations, many of which drain their profits out of Tasmania, to stifle our spotlight on their destruction of Tasmania’s beautiful environment and wildlife. It won’t work.”
The Liberal government has tried to introduce laws since it was elected in 2014, aimed at those protesting logging in Tasmania’s forests.
Previous attempts have been either thrown out by the High Court as unconstitutional, or have failed to pass the Legislative Council.
Originally published as National association of lawyers have lashed out against state gov for anti-protest laws
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