Short notes on Public Assembly in Queensland

The democratic rights struggles in Queensland from 1977-79 were a lesson to us all. Mass movements in the form of large demonstrations and marches do not by themselves lead to real change. Sure, we can march in the streets of Brisbane whereas in the past, we could not. But the old evils still persist.

Defy the ban on street marches
In 1977, to stop the mining and export of uranium, the Civil Liberties Coordinating committee and the Anti-uranium Mobilisation Committee encouraged people at mass rallies to picket Hamilton No 4  wharf and to block trains carrying yellowcake. We did get on the wharf, and the wharfies did stop work. However, even when workers went on strike in support of the protests and despite the largest mass arrest in Australian history on 22 October 1977, we could not stop the capitalists profiteering off sales from uranium mines in the Northern Territory and Queensland (Mary Kathleen mine). ERA even tried to mine Kakadu (this is still on the cards) even though the Ranger mine was shut down in 2021.

The Hawke Labor government overcame both mass mobilisation and union strikes by using the ballot box against the anti-uranium movement. It is very hard to build effective opposition to war without strong socialist organisation. This is lacking both in Queensland and in Australia. 

At all times, the political struggle is what determines real change. Occasionally in our history we see glimpses of mass defiance. The street marches that took place from 4 Sept, 1977 till July 1979 is one example. That was the longest period of mass defiance of a government in Australian history with the exception of the Aboriginal resistance. By 1992 these mobilisations had led to a change in the law giving Queensland the most liberal protest laws in Australia.

Public Assembly
Under Queensland law (Peaceful Assembly Act 1992) a person has the right to assemble peacefully with others in a public place (s5 PAA). A public place is defined in the act as ‘a road, a place open to or used by the public as of right, and a place for the time being open to or used by the public’ (s4 PA Act). Public assembly can be stationary or moving, it may include: a picket, a march, a demonstration, street theatre, musical or cultural events.

Public assemblies may be held on land owned by government or by a corporation (malls, shopping centres etc). For example, Southbank in Brisbane is owned by Southbank Corporation. Yet under the Peaceful Assembly Act 1992, the Convention centre and the places around it are public places because people use them as a right. Another example is the university, it is a public place even though it has its own laws and regulations, the universities are still subject to this right of public assembly.

Jonathan Sriranganathan  then councillor for the Gabba, was placed under arrest for trespass at an arms dealer convention in Southbank in Brisbane in 2023. This arrest was unlawful because he was part of a public assembly as defined under the Peaceful Assembly Act. Police were forced to withdraw the charge before it went to trial.

There are other laws that police may attempt to use to frustrate the right of public assembly. For example, in Queen Street Mall, police may attempt to use their ‘move on’ powers under the Police Powers and Responsibilities Act 2000.

NOIs
The counter to police attempts to use ‘move on powers‘ is to submit an assembly notice (called an NOI) five or more days in advance of a protest, picket, rally or march. This provides demonstrators with immunity from charges arising from failure to comply with directions to move on under part 4 of that act. It is important to note that this is a notification system not a system for negotiation with police or local government. The authorities cannot negotiate away a groups right to public assembly. The only instrument they have for that is to seek redress in the courts not to attempt to bargain with organisers to limit the public assembly. Organisers should be circumspect in what they say to police because the notification system must be in writing. Mediation is a formal process described in the Peaceful Assembly act and there is no obligation on the organiser of the public assembly to attend if they do not wish to do so. Please note that some protests last for many hours and even days so an NOI can cover a whole range of activities over a period of time.

Police interference
Police may attempt to exaggerate the extent of their move on powers. However, if they do so, they overlook the fact that, under section 45 of the Police Powers and Responsibilities Act, a police officer cannot give a lawful ‘move on’ direction to a person who is participating in an authorised public assembly.

Late last year a young person who participated in a march at Logan City was arrested after failing to obey a move on direction. Police used violence against the person, calculated to disrupt the lawful procession in progress. Police were successful on both counts. They disrupted the march and obtained a conviction because the person pleaded guilty. This should not have happened because the person had a defence under the Peaceful Assembly Act.

In summary, if police are likely to use their move-on powers, the counter move is to submit an assembly notice given five or more days in advance of a rally, march or occupation of a mall. If police or ocal government authority (eg Brisbane City Council) do not take steps to obtain an order from a magistrate, the assembly will be deemed to be an authorised public assembly. One of the benefits of becoming an “authorised public assembly” includes immunity from civil or criminal liability because of the obstruction of a public place.” [s 6(1) of the PA Act].

So, as a general rule, a police officer may not give a move on direction to people who are part of a public assembly. As an example, in March 2024 a demonstration of about 1,500 people was held in King George Square in Brisbane demanding a ceasefire in Gaza. This public assembly lacked permission of the Brisbane City Council. During negotiations Council officers claimed that the assembly conflicted with church services across the street and a concert to be held in City Hall.

As it turned out both these claims by council officers were bogus. There was a church service in Ann Street but it was over 50 metres away from the demonstration and the PA system projected sound in the opposite direction (toward Adelaide Street). There was no interference with the concert in City Hall because it did not commence until after the rally. Even if the concert had commenced earlier or the rally gone later, there would’ve been no conflict because the rally was held a long way from the front door of City Hall. Also the concert hall is well insulated from outside noise coming from King George square.

As a result there was no interference by police because the rally was deemed to be authorised because council did not press their claims with a magistrate (as required under the Peaceful Assembly Act 1992).

Regardless of what the law says, nothing can replace good organisation and solidarity among the groups involved. As one comrade put it there is the law and there is what you can get away with because of good organisation.

There are times when the Peaceful Assembly Act can be used in union struggle to avoid criminal prosecution.

Ian Curr
16 March 2024

References
Hemelaar & Red v Walsh, Gough & State of Queensland [2017] QDC 151

Queensland Peaceful Assembly Act 1992

Queensland Police Powers and Responsibilities Act 2000

Personal Notes

I am a child of the anti-war movement and hit my straps during the democratic rights movement in Queensland. I spent 8 years in the courts defending political charges arising from the street marches from 1977-79 and the SEQEB dispute in 1985.
Dust tiptoes in a standing ovation
after the explosion
Edward Said is out of place,
again:
His books fall from my shelves
Onto the broken window glass.
Palestine is also out of place:
Its map
falls off my wall.
– Mosab Abu Toha.