The Times Australia
The Times World News

.

Laws targeting protesters are being rushed through state parliaments. But they are often poorly designed and sometimes, unconstitutional

  • Written by Sarah Moulds, Senior Lecturer of Law, University of South Australia
Laws targeting protesters are being rushed through state parliaments. But they are often poorly designed and sometimes, unconstitutional

Across Australia, climate activists are testing the limits of what counts as lawful protest, in addition to the patience of commuters as their actions shut down roads or disrupt businesses. Authorities are responding with new police powers and increasingly harsh new penalties.

The speed at which these new laws are made and their impact on the right to protest[1] are alarming.

Last week in Adelaide, an Extinction Rebellion activist dangled off a city bridge[2] as part of a protest timed to coincide with a meeting of major oil and gas companies. Commuters along busy North Terrace were held up by road blocks set up by emergency services in response to the stunt. The activist was charged with several offences, including obstructing a public place[3].

The opposition in the state immediately called for tougher penalties for protesters who cause traffic chaos. The next day, the South Australian government introduced amendments[4] to the Summary Offences Act 1953 (SA) that could see protesters hit with fines of $50,000 (up from $750) or three months imprisonment.

Hundreds of students have taken part in rallies across Australia for climate action. Matt Turner/ AAP

Protesters caught by the new laws could also be liable for paying the costs of any police and other emergency services called to the scene. These amendments were passed by the House of Assembly in Adelaide by lunchtime. In a matter of hours, the right to protest in South Australia sustained a grievous blow. And the laws are not limited to protesters – they can apply to any person who directly or indirectly obstructs free passage in a public place.

Read more: ‘Draconian and undemocratic’: why criminalising climate protesters in Australia doesn't actually work[5]

Both major parties were prepared to pass changes they barely had time to read, let alone scrutinise. There’s no human rights legislation in South Australia to slow down the race to legislate, and not even an requirement to publish explanatory material about the new law.

This type of knee-jerk lawmaking[6] in response to climate protests has occurred in other states too.

In Queensland[7], laws have been introduced to make sure protesters who clamped themselves to buildings or other bits of the city could be hit with bigger fines and longer jail terms.

In New South Wales[8], harsher penalties have been introduced to target protesters whose actions disrupted businesses and other economic activity. These laws[9] mean that people can be fined up to $22,000 or jailed for up to two years for protesting illegally on public roads, rail lines, tunnels, bridges and industrial estates.

And in Tasmania[10], anti-protest laws have been introduced to specifically target activists looking to disrupt logging activities by increasing penalties for anyone who obstructs employees from carrying out their work or causing a risk to worker safety.

These laws are designed to send a “zero tolerance” message to climate activists.

Using the threat of jail and crippling fines, authorities want to stop people from dangling from bridges, clamping themselves to buildings or chaining themselves to trees. They also want to help the commuters stuck in traffic, or the forestry workers locked out of their machines.

In less than a day after a rally outside the annual oil and gas conference in Adelaide, the government introduced changes to the Summary Offences Act. Morgan Sette/ AAP

No compromise on right to protest, environment conservation

The problem is, when these laws are rushed through parliament, they are often poorly designed and sometimes, unconstitutional. They can also be unpopular.

This is because in the rush to respond to public outrage at the actions of protesters, politicians underestimate how much Australians care about the environment, and the right to peaceful protest.

This is playing out in the backlash[11] to the new anti-protest laws in South Australia and in the judicial and public response[12] to the sentencing of protester Deanna “Violet” CoCo in New South Wales.

These rushed laws also underestimate the reach of the implied freedom of political communication in our Constitution[13], which has been tested in a range of contexts.

Previous versions of anti-protest laws in Tasmania have been struck down by the High Court for going too far when it comes to imposing penalties on activists seeking to disrupt workplaces, with some judges taking a strong interest[14] in the powers given to police and other authorities under these laws.

For example, in Brown v Tasmania[15], Chief Justice Kiefel and Justices Bell and Keane explained that anti-protesting laws that are drafted in vague terms, and are highly dependent on police interpretation on the ground, risk capturing or deterring lawful protests. When this happens, the laws may no longer be considered proportionate, and may be incompatible with our constitutionally protected system of representative democracy.

The concept of representative democracy is fiercely defended by the High Court, which means that although we don’t have a constitutional right to protest, we do have an implied freedom to communicate about political matters that might impact who we vote for.

The laws introduced in NSW in 2022 are also being challenged[16] on the basis that they may breach the implied freedom of political communication protected in the constitution.

picture of a woman activist chanting slogans on the street while police overlooks
Climate protester Deanna Bianca De Marchi/AAP

The community backlash

The common element in the community backlash to these laws and the constitutional challenges is proportionality[17].

Proportionality is a human rights concept[18] that means we think about whether the new law is necessary, whether it will work in practice and what impact it will have on other rights and values we care about in our democracy.

Read more: What do we want? Charting the rise and fall of protest in Australia[19]

People get rightly get frustrated when their drive to work or school takes three hours longer than usual because of protests. But recent surveys suggest there’s a good chance these same people also care about climate change[20] and don’t want their kids to inherit a dead planet. They certainly don’t want their kids to live in a country where speaking out against the government lands you in jail or bankrupts you.

If we are going to stand any chance against the complex challenges that climate change poses to our way of life, we need parliamentarians who take their representative roles seriously, and take the time to listen to the community.

We need parliaments interested in making proportionate laws rather than breaking legislative speed limits.

References

  1. ^ right to protest (www.cambridge.org)
  2. ^ dangled off a city bridge (www.theguardian.com)
  3. ^ including obstructing a public place (www.legislation.sa.gov.au)
  4. ^ introduced amendments (www.legislation.sa.gov.au)
  5. ^ ‘Draconian and undemocratic’: why criminalising climate protesters in Australia doesn't actually work (theconversation.com)
  6. ^ knee-jerk lawmaking (indaily.com.au)
  7. ^ Queensland (www.legislation.qld.gov.au)
  8. ^ New South Wales (www.abc.net.au)
  9. ^ These laws (legislation.nsw.gov.au)
  10. ^ Tasmania (www.abc.net.au)
  11. ^ backlash (www.abc.net.au)
  12. ^ judicial and public response (www.canberratimes.com.au)
  13. ^ implied freedom of political communication in our Constitution (www8.austlii.edu.au)
  14. ^ a strong interest (www.austlii.edu.au)
  15. ^ Brown v Tasmania (www.austlii.edu.au)
  16. ^ being challenged (www.theguardian.com)
  17. ^ proportionality (classic.austlii.edu.au)
  18. ^ human rights concept (www.alrc.gov.au)
  19. ^ What do we want? Charting the rise and fall of protest in Australia (theconversation.com)
  20. ^ also care about climate change (www.ipsos.com)

Read more https://theconversation.com/laws-targeting-protesters-are-being-rushed-through-state-parliaments-but-they-are-often-poorly-designed-and-sometimes-unconstitutional-206103

Times Magazine

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Times Features

Tricia Paoluccio designer to the stars

The Case for Nuturing Creativity in the Classroom, and in our Lives I am an actress and an artist who has had the privilege of sharing my work across many countries, touring my ...

Duke of Dural to Get Rooftop Bar as New Owners Invest in Venue Upgrade

The Duke of Dural, in Sydney’s north-west, is set for a major uplift under new ownership, following its acquisition by hospitality group Good Beer Company this week. Led by resp...

Prefab’s Second Life: Why Australia’s Backyard Boom Needs a Circular Makeover

The humble granny flat is being reimagined not just as a fix for housing shortages, but as a cornerstone of circular, factory-built architecture. But are our systems ready to s...

Melbourne’s Burglary Boom: Break-Ins Surge Nearly 25%

Victorian homeowners are being warned to act now, as rising break-ins and falling arrest rates paint a worrying picture for suburban safety. Melbourne residents are facing an ...

Exploring the Curriculum at a Modern Junior School in Melbourne

Key Highlights The curriculum at junior schools emphasises whole-person development, catering to children’s physical, emotional, and intellectual needs. It ensures early year...

Distressed by all the bad news? Here’s how to stay informed but still look after yourself

If you’re feeling like the news is particularly bad at the moment, you’re not alone. But many of us can’t look away – and don’t want to. Engaging with news can help us make ...