High Court strikes down Tasmania’s anti-protest laws

THE High Court has emphatically struck down Tasmania’s anti-protest laws as unconstitutional — describing them as overly broad, vague, confusing and exhibiting “Pythonesque absurdity”.

THE High Court has emphatically struck down Tasmania’s anti-protest laws as unconstitutional — describing them as overly broad, vague, confusing and exhibiting “Pythonesque absurdity”.

Former Australian Greens leader Bob Brown and Tasmanian nurse Jessica Hoyt brought a challenge to the laws after being arrested during a protest in the Lapoinya Forest in North West Tasmania in 2016.

Billed by the Government as the toughest anti-protest laws in the country, the Workplaces (Protection from Protestors) Act was passed through Parliament by the Hodgman Government in July 2014 in a bid to stop protests disrupting forestry operations.

The laws carried fines of up to $250,000 and five years’ imprisonment.

But in a decision handed down in Canberra on Wednesday morning, the court ruled that the laws breached the implied freedom of political communication in the Australian Constitution.

“The measures adopted by the Protesters Act to deter protesters effect a significant burden on the freedom of political communication,” said Chief Justice Susan Kiefel, and Justices Virginia Bell and Patrick Keane in their joint decision.

“That burden has not been justified.”

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MORE: Bob Brown’s Lapoinya protest charges dropped

“[Sections] of the Workplaces (Protection from Protesters) Act 2014 (Tas) in their operation in respect of forestry land or business access areas in relation to forestry land are invalid because they impermissible burden the implied freedom of political communication contrary to the Commonwealth Constitution.

The court ordered the State of Tasmania pay Dr Brown’s and Ms Hoyt’s costs.

Forest protesters at Lapoinya. Picture: DALE CUMMING

Dr Brown greeted the decision with delight.

“Today is a great day for the forests, wildlife and all of nature in Tasmania and around Australia and a great day for the fundamental right of Australians to peaceful protest,” he said.

“This judgment puts a brake on corporations wanting communities sidelined so they can plunder Tasmania’s unique and job-rich environment, not least its ancient rainforests and tall eucalypts.” “Those calling for harsh penalties against peaceful citizens protesting Adani mine have been put back in their place by the High Court.”

“Today is a great day for the forests, wildlife and all of nature in Tasmania and around Australia and a great day for the fundamental right of Australians to peaceful protest”

Ms Hoyt said she was ecstatic with the decision.

“Nobody should be arrested for peacefully protesting and standing up for what they believe in and I’m just so grateful the legal system that we have in Australia has been able to hold the Government accountable.

“It’s so much about the people, and we weren’t heard.

“We can go forward from here and continue to stand up for our forests.

“I think the government needs to come out and apologise to everyone in Lapoinya who stood up and peacefully protested there.

Ms Hoyt says she plans to get married in Lapoinya next week to her partner of 11 years.

Lawyer Roland Browne represented Dr Brown and Ms Hoyt, who was also arrested at Lapoinya, and described the verdict as a “landmark”.

“The state of Tasmania has now had the ground rules laid down as to what is permissible and what is impermissible,” he said.

“This legislation is beyond redemption because the High Court has gutted most of it and declared it invalid.”

Bob Brown has welcomed the High Court’s decision. Picture: ROGER LOVELL

Civil Liberties Australia welcomed the decision.

“Freedom of expression, including in the form of protest, is fundamental to a healthy democracy where ideas are contested,” Tasmanian spokesman Richard Griggs said.

“The laws adopted by the Tasmanian Government were over-the-top and unnecessary and sought to stifle the rights of ordinary Tasmanians to protest about things that affect them and their communities.”

Even before today’s High Court decision, the laws had proven a failure for the State Government — three years after they were passed by Parliament, there has not been a single successful prosecution under the act.

Braddon Liberal MHR Joah Rylah said the Government would consider the High Court’s judgment but stood by its objective of stopping “extremist protesters” from entering workplaces.

“I am extremely disappointed at the High Court’s decision,” Ms Rylah said.

“After the disastrous lockup of Tasmania’s forests under the Labor-Green Government, the people of Tasmania voted to give the Liberal Government a mandate to implement the laws and protect jobs.

“We don’t resile from our commitment to make workplaces safe and unlock Tasmania’s forests to provide the industry with jobs and certainty heading into the future.”

Greens leader Cassy O’Connor has long condemned the laws.

“The Premier and his colleagues tried to silence dissent and stop peaceful protest in Tasmania,” she said. “Their arrogance has been exposed and they have failed miserably.”

And Shadow Attorney-General Lara Giddings said the decision was an “embarrassing day” for the Liberal Government”.

“For the High Court to strike down the Hodgman Government’s legislation puts Tasmania in the national spotlight for all the wrong reasons,” she said.

“The Liberals’ political crusade to beat their chest when it comes to protesters has been a colossal waste of time and money.”