Democratic rights during ALP National Conference 2023

In the lead-up to the ALP national conference on 17-19 August 2023, I have some concerns about how police and Brisbane City Council are dealing with protest groups who organise public assemblies and protests. Organising such events properly requires a lot of work and a lot of helpers. Painting banners drawing up placards printing leaflets and distributing them to the crowds in squares like King George Square is an important part of these events. 

It is not uncommon for activists to be harassed by council officers even to the extent of telling us that we cannot hand out leaflets in King George Square, that we can’t use amplification equipment and we can’t even talk to people outside the demonstration. The Brisbane City Council passed local laws in 2014 which purport to make these activities illegal. I am not alone in thinking that the relevant legislation is invalid. There are technical reasons for saying this but let me quote Michael Cope from Queensland Civil Liberties Council (QCLC) in a letter to the Brisbane Lord Mayor dated …. :

“We note that section 17 of the Public Land and Council Assets Local Law 2014, prohibits the following activities without a City Council permit: A.  The use of amplification devices B.  The distribution of written material and the use of placards etc C.  The setting up of tables We have seen a permit issued by the City Council which purports to prohibit participants in a public assembly from directly approaching members of the public not participating in the Public Assembly for the purpose of advancing their cause or beliefs”.

Firstly, it is our view that there must be some doubt as to whether that provision is authorised by section 17, since there is no provision in schedule 1 against people speaking to other members of the public in the square. But clearly, this is a case where the City Council thinks it has that power or wishes it had that power.” – Michael Cope QCLC.

BCC restrictions on democratic rights are both unlawful and a hindrance to groups who do not have media exposure at events like Hiroshima Day, anti-AUKUS rallies, housing and tenancy rallies.

Anyone who has issued police with a notice of intention (NOI) to have a public assembly is confronted by obstruction and bureaucracy by the authorities. This can be quite wearing especially given the protections provided under the Peaceful Assembly Act 1992. Mediation with police in the lead up to a demonstration is often a nightmare and extremely time-consuming for people busy organising events.

We have all witnessed the draconian penalties handed out to Blockade Australia over the past year. A number of people have been jailed opposing coal and the logging of forests.From my point of view, the best procedure is to notify police and if necessary local government authority (BCC) under the Peaceful Assembly Act 1992. This legislation contains the most liberal protest laws in the country. In Qld we are not subject to a permit system, we have a notification system. Police oppose this and often try to make out that they are giving us permission. Police must apply to the court if they wish to stop or limit a public assembly.Police attitude is complicated by the convention centre having its own security employed by the Southbank Corporation.

This gave rise to a number of charges arising from the Disrupt Land Forces rallies. People were charged with trespass and disobey direction under the police powers and responsibilities act. This was despite the fact that the Peaceful Assemblies Act 1992 provides immunity from trespass for people participating in a public assembly at Southbank. Eventually police had to drop the charges against the people who plead ‘not guilty’. Unfortunately some key organisers plead guilty when they had a clear defence. They were fined considerable amounts of money. Pleading guilty eroded the stand taken by people who put up a defence against the charges. The two people who plead not guilty we are confonted with months of court delays, mentions, obstruction by the prosecution, incompetent allocations and re-allocation of magistrates, preference given to law firms, in short the Brisbane Magistrate’s courts general disregard for Magna Carta – the tyranny of court process.

The security staff at the convention centre claim that Southbank is private property. This is incorrect. Under the Peaceful Assembly’s Act 1992 the convention centre is a public place because this is its accepted use by the public. Should there be any restriction or limitations placed on our use of this public space by the authorities or the event organisers of the National ALP conference, I recommend we oppose such attempts by exercising our democratic rights … rights that were hard won.I am happy to discuss with people the technical basis for why police or security services would be acting unlawfully if they try to restrict or prevent protest outside the convention centre during the ALP conference. 

Ian Curr
6 August 2023
email – iancurr@bigpond.com
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web https://workersbushtelegraph.com.au
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‘
… philosophers have only interpreted the world in various ways; the point is to change it …’ – Marx (1845)