“The past is a foreign country: they do things differently there” – L.P.Hartley in the “The Go-Between“.
Queensland is a police state.
I cite four reasons (there is one more I’d like to mention but the laws of defamation prevent me from adding it to the list) :
- Queensland police arrested and charged over 2,000 people for marching in the streets between 1977 and 1979. The premier issued an edict that ‘the day of the political street march‘ is over on 4 September 1977.
- The Police Powers And Responsibilities Act has 891 sections.
- It is a criminal offence to protest inside the Parliament (s56 of the Criminal Code 1899).
- Police emptied the streets of Brisbane during the 2013 G 20 summit. And 3,000 demonstrators marched through naked empty streets. Over 2 ½ million people had been excluded from the G 20 extravaganza. Homeless people were cleared out. Workers were forbidden from attending work in the CBD. Ciaron O’Reilly was arrested and served a G20 ban (that covered an enormous area) after he declared that he would shirt-front US President Obama about the charges against whistleblowers Manning and Assange. This was in response to Prime Minister Abbott saying he planned to “shirtfront” Putin. Needless to say, Qld police didn’t lock up Abbott.
Note: I remember ringing Ciaron up while he was detained during G 20 because I was concerned about his safety. He was in a special watchhouse underneath the courts and a copper brought a phone into his cell so that I could speak with him. Now that’s service, it would never have happened in the Joh Bjelke-Petersen days! I think Ciaron told me it was pretty lonely down there, but at least there was air conditioning. It was about 40 centigrade during the G20 march through empty South Brisbane streets.
Response
In 1978, the Civil Liberties Coordinating Committee (CLCC) produced a booklet titled ‘Not Guilty,‘ it was a guide to defend people on political charges – it was a practical handbook for those who had been charged with street march offences, picketing or associated charges like putting up posters or handing out leaflets or speaking in public.
As a result of the street march campaign of 1977 till 1979 the Labor government in Queensland introduced a Peaceful Assemblies Act 1992. At no stage during that campaign did the organisers apply for a permit to march. The CLCC position was that notification was the only requirement for people to exercise their democratic rights through assembly and marching.
Over 2,000 street marchers were arrested under the Traffic Act for taking part in an unlawful possession. As a result of the determination of these marchers, the Peaceful Assembly Act introduced after the demise of the Bjelke-Peterson government permitted the democratic rights of assembly and of marching for people in Queensland. No permit is required. Under the act, organisers are required to provide a notice of Intention to Hold a Public Assembly(NOI) or march in writing at least 5 days beforehand to the police commissioner and/or the local government authority.
Democratic Rights under attack
Nonetheless, the right of assembly and of marching are still under attack. The Disrupt Land Forces protests in October 2022 are an example of this. The government, in concert with arms dealers and the Brisbane Convention and Entertainment Centre tried to prevent legitimate assemblies and marches outside the Land Forces expo South Brisbane.
This pamphlet is designed to provide a political and legal defence against these moves by government and police. We will use the Disrupt Land Forces protests as an example of how protestors can defend their democratic rights.
It is important to remember the political objectives of such protests and to guard against police and government from derailing your protest and turning it into a civil liberties issue. None of these political objectives can be obtained without good organisation or without the right to organise. The principles of defence outlined here can be applied cross the board by trade union activists, by refugee activists, by climate change protesters and solidarity groups.
The right of assembly and police powers
Some politicians, lawyers and police are under the misapprehension that to hold an assembly or march requires a permit from police. This is incorrect. Even the Queensland Council for Civil Liberties (QCCL) has erred on this issue. In August 2019, Michael Cope, the QCCL President, made this mistake in a press release:
“The Council (QCCL) calls on protest groups to respect the legal arrangements and to apply for permits. Those applications will allow relevant government authorities to plan for the events and to minimise disruption and inconvenience to other individuals.”
Organisers are required to inform police and local government of their intention to rally and march. Police have an obligation to facilitate protest. If police or local government authority wish to stop the rally and march they are required to go to the courts [Peaceful Assembly Act 1992 – s 12].
A public assembly is taken to have been approved if police issue a notice of permission, or a Magistrates Court has not made an order refusing permission.
For example in 2019, Brisbane City Council applied to the court to have an march organised by councillor Jonathan Sriranganathan banned but the court rejected the application and allowed the march to go on.
Defence against police charges
Providing police and local government with a Notice of Intention (N0I) may provide participants in the demonstration with a legal defence against charges. Police may try to break up a demonstration by giving a direction under the Police Powers And Responsibilities Act. Here is one example taken from a Queensland police service court brief:
“On the sixth day of October 2020 a protest was occurring at the Brisbane convention and exhibition Centre (BCEC) on Merivale Street West End in relation to the land forces 2022 convention.
At around 3 pm on this date a group consisting of around 40 protesters began to march around the exterior of the BCEC. The group walked into the BCEC car park entrance of Merivale Street and blocked the driveway access for around 30 minutes.
At 3:40 pm the defendant was given a move on direction by acting senior Sergeant Matthew Thompson of Dutton Park police station to immediately move 100 metres from the Brisbane Convention and Entertainment Centre and not return for a period of 12 hours. The defendant stated that he would not comply with the direction. After he was given a warning he refused to comply with the direction. He was subsequently arrested.”
So let’s break this down. Firstly there is no mention by police of the assembly being unauthorised.
On this occasion, the organisers had issued a notice of intention to hold a public assembly in writing to the police commissioner and the local government authority (Brisbane City Council) It read:
Peaceful Assembly – 6 October (afternoon)
Dear Commissioner of Police and Any Council Parties
In accordance with the Peaceful Assembly Act 1992, and with regard to the requirements for assembly notice as reproduced in full below, we hereby submit this assembly notice giving all the necessary particulars of time, date, place, purpose,number of marchers and an address for service:
Under s 9 (2) Peaceful Assembly Act 1992
a. A collective of humans is organising this event. The contact person for enquiries is Xxxx Xxxx
b. xxx xxx xxx xx Qld 4xxx
c. As above
d. 06.10.2022
e. Brisbane Convention Centre, specifically the corner of Merivale and Glenelg Streets
f. 3pm
g. 3.00pm-6.00pm
h. If there is a procession N/A
i. 100
j. To enable participation in public discourse, as enshrined in law, being a protected right of Australian citizens under electoral provisions to ensure healthy functioning of democracy in the nation.
k. There will be a small sized sound system used
Yours sincerely
Xxxx Xxxx
Police Response
As this demonstration was one of many conducted in that week against the Land Forces convention, police were obliged to enter into negotiations with the organisers. This they did. Their responses suggested that they would attempt to facilitate the protest. But they had another purpose, to minimise the protest and disrupt the public assembly. Police claim that deep peaceful assembly act requires that the protesters be very specific as to exactly their location. For example Sergeant Kirsty Schmidt asked if the assembly on the Corner of Glenelg and Merivale Street would be near the taxi rank at the entrance of the BCEC.
The organisers replied to this question:
Q: Will this be in the taxi rank area (near the front stairs) of the BCEC?
Reply: YES AND SURROUNDING AREAS
Note: the organisers have every right to do this because the assemblies were also marches which were moving from one point to another.
Political Defence
Firstly, it is unlawful for the police to give a direction to disrupt the assembly when the public assembly is authorised. For example the Summary Offences and Other Legislation
Amendment 2019 states that:
The Peaceful Assemblies Act (PAA) 1992 provides that a person has the right to assemble peacefully with others in a public place. This right is subject only to those necessary and reasonable restrictions required to ensure public safety, public order; or the protection of the rights and freedoms of other persons.
The act provides for legal immunity for participants in the demonstration. Section 6 of the PAA says that a person does not, merely because of the participation, incur any civil or criminal liability because of the obstruction of a public place.
The particulars of the charge in the example say that the “defendant had blocked the driveway access for about 30 minutes.” But this is the nature of the public assembly, and blocking a driveway does not make the assembly unreasonable or unlawful. If the police or the Brisbane convention centre wish to facilitate the ingress and egress of trade vehicles then they have to make alternative arrangements. They have been notified of the time and place of the assembly. If they objected to that then they needed to go to court and ask for prohibitions to be placed on some aspects of the public assembly.
Private property
Increasingly public spaces are being converted into private property. In the case of the Brisbane Convention and Entertainment Centre (BCEC), it falls under the Southbank Corporations Act and the land within its perimeter is private land. Accordingly the board of Southbank Corporation can set its own by-laws which may include the eviction of people exercising their democratic rights. The board appoints their own security officers to police the area. These security officers claim to have the right to evict people even though they may be exercising their democratic rights to oppose the arms dealer convention. Here is the transcript of an unedited recording on 6th October 2022 at the disrupt land forces rally on the footpath outside the Brisbane Convention and Entertainment Centre.
Conversation between Councillor for the Gabba ward and Hamish McGregor,
Risk Manager for the BCEC
Hamish McGregor
We’re conducting business here on behalf of the Queensland State Government,
Cr Sriranganathan
Just just to clarify, you are conducting business here on the footpath?
Hamish McGregor
We have a managing area up to and including the hedge line on the outside of that path …. So you’ve been here this morning on this, you’re preventing us from being able to conduct this matter in a safe manner. Right. Persons that are walking past here are feeling unsafe as a result of that.
Cr Sriranganathan
Can you please give me more detail about how I’m preventing that?
Hamish McGregor
I am advising you that you are trespassing on that property. And I’m requesting you to move beyond the boundary.
Cr Sriranganathan
Thanks, Hamish. I don’t intend to cause any trouble. But can you just explain to me?
Hamish McGregor
No. I’m not explaining anything further other than what I have already said that you’re trespassing on our property? We’ve also created an exclusion zone to allow the safe passage for people. The fact that you’re inside an exclusion zone, to allow us to conduct our business in such a manner. I’m asking you to move outside.
Cr Sriranganathan
Hamish, can I just …
Hamish McGregor
I’m not going to ask you anymore. I’ve asked you twice now.
Cr Sriranganathan
I’m going to ask you questions because I’m on a public place. I’m on a I’m in a public place, Hamish, and I just want to ask … just a straightforward question.
Hamish McGregor
I’m asking you to move on this if you’re if you’re refusing to.
Cr Sriranganathan
So I want to ask Hamish … this is a two way conversation if you if
Hamish McGregor
Are you refusing to move? if you’re not I’m going to …
Cr Sriranganathan Hamish I believe I’m on public land
‘Public Land‘
There is an exemption from trespass under the Peaceful Assembly Act which defines a “public place” as a place ‘open to or used by the public as of right‘. So, despite the Southbank Corporations Act, Southbank is still a public place as far as public assembly goes.
A technical reading of the Peaceful Assembly Act may give the Councillor legal immunity from prosecution. Assuming that he was part of an authorised public assembly because the organisers had issued police with an NOI, Jonathan Sriranganathan may be covered by an exemption: “a person who participates in the assembly does not, merely because of the participation, incur any civil or criminal liability because of the obstruction of a public place.” (Legal immunity under s6 of the PAA 1992). A defence lies in a technical reading of section 3 (2) of the Peaceful Assembly Act when it states “nothing in this Act affects the common law of trespass“. Jonathan Sriranganathan was charged under the ‘common law of trespass‘; he was charged under a statute, namely s 11 of the Summary Offences Act.
Nevertheless, it has taken police over six months to bring Councillor Sriranganathan to trial. Remember also that the council was placed under heavy bail restrictions until he went to court. Jonathan Sriranganthan said: “I’m not allowed within 500 metres of the Convention Centre until my court date … except for work.” – Brisbane Times 4 October 2022.
It will be a sorry day for democracy if a Brisbane City Councillor is convicted of trespass for showing support to his constituents in their opposition to arms dealers coming to Brisbane to sell their wares. Queensland has its own state sponsored arms dealers who have been sending Bushmaster armoured vehicles to Ukraine. However Russian artillery has been blowing them up.
Does the board of the Southbank Corporation want its land to be used in this way? Do they think that arresting a local councillor opposed to arms dealers having a convention on stolen land is an appropriate use of the Southbank Corporation Act and related laws?
These are political questions.
Criminal offence to protest inside Parliament
Recently climate change activists protested inside Queensland parliament. This is a criminal offence with three years jail as the maximum penalty. Queensland is not the United States where people are egged-on by their President to go armed into the Congress to shoot officers and security guards and to threaten the lives of members of their House of Representatives. Queensland police know this. Yet the government provides them with more powers to stop legitimate complaints being aired by the extra-parliamentary opposition.
A criminal offence may have dire consequences e.g. the loss of your job.
Drums of War
This is one reason (among many) for why democratic rights organisation is necessary to stop the government, transnational companies and arms dealers from taking ordinary people to war. By limiting the right to organise the government is complicit in stopping people from opposing the war as we did in 2003 at the outset of the Iraq war.
Ian Curr
13 March 2023
