Logan police are refusing a public assembly of refugees at Jim Chalmer’s office at Logan Central commencing on 6th October 2024. The refugees have been picketing the Federal Treasurer’s office to obtain permanent protection visas, work rights, medicare cards and the right to vote.
The police officer-in-charge waited to the last minute before he said he would arrest refugees if they assemble where Magistrate WHITBREAD ordered on 29 September 2024 that the assembly be permitted under certain conditions.
Magistrate Whitbread ruled that:
- People have a right to public assembly;
- A Notice of Intention to hold a protest can cover a period of days – in this case, the period from 26 September till 4 October 2024;
- The protest may be held for 12 hours EACH DAY commencing from 10.00 am and concluding at 10.00pm.
The magistrate did impose a number of restrictions on the protest, namely:
a. The number of participants be restricted to ensure the safety of the public travelling in that area (he did not specify any number).
b. No part of the assembly is to restrict or encroach on public access to the footpath or to encroach on the bus stop waiting area designated by the roofing over the bus stop.
c. No part of the assembly is to restrict or encroach on the ability of members of the public to safely assemble (at the bus stop) and (to) cross the public road at the pedestrian crossing.
This is what police wrote to the Refugee Action Collective knocking back the assembly:
“Notice (of Intention to hold a public assembly) received. I don’t agree it is within the spirit of the legislation so I won’t be endorsing it with a permit signed by me. I also note you have deviated from what the magistrate deemed reasonable. You can not safely fit 30 people on that corner. If you attempt to do so, the move on powers outlined in section 48(2) of the Police Powers and Responsibilities Act may be utilised if required.” – Senior Sergeant Clinton Herman of Logan Police.
The Refugee Action Collective received this advice from Senior Sgt Clinton Herman on 5th October. RAC provided police with a Notification of Intention (NOI) on 29th September, giving five business days’ notice before the commencement of the assembly. This was the first time Refugee Action Collective had been contacted by the police about the proposed assembly. The system is broken. Police are waging a war of attrition against the refugees.
Police should follow the Magistrate’s order. Essentially they are saying if numbers exceed 30 people they will give them move on orders and arrest anyone who stands their ground.
Democratic Rights under attack. Democratic Rights are being refused by police. This must be challenged. The Street March campaign from 1977 till 1979 won the right to assemble and march in Queensland. These rights have already been eroded in southern states and must not be taken away in Queensland, where over 2,000 people were arrested fighting for the right to march.
Enter Caxton Legal Service. They have done some research and agreed with the police that sufficient notice was not given by Refugee Action Collective (See Section 38 (3) of the Act Interpretation Act) which states: “If the time, or earliest day of a period, calculated backwards that is provided or allowed by an Act for doing anything falls on an excluded day, the time, or earliest day, is taken to fall on the next day earlier that is not an excluded day.”
Caxton, however, “are also arguing there is a case to argue the assembly (being a multi day assembly) was authorised from Oct 9th (sic) onwards.“
RAC reports: “People have been protesting outside Jim Chalmers’ office since Saturday and there have been no problems with police. This might change if numbers were to reach 30 or more, as implied in Senior Sgt Clinton Herman. The maximum number of participants so far is probably about 15 people.”
Both Snr Sgt Hermans and Caxton Legal Aid have misread the Peaceful Assembly Act 1992. Firstly, they are only concerning themselves whether the assembly is ‘authorised’ under the Act. When the attorney general introduced the bill in 1992, he clearly stated that an assembly can be either ‘authorised’ or ‘unauthorised’.
The refugee action Collective (RAC)’s notice of intention (NOI) was dated Sunday 29/9, which is an excluded day under the Act because it is not a business day.
So the clock starts on the following day . DAY 1 Monday 30/9 …. DAY 5 Friday 4/9.
The assembly began on the day after the 5 business days specified in the Act, that is Saturday 5/9 so RAC complied with the PAA 1992 that says ‘not less than 5 business days‘ notice should be given.
The failure by Sergeant Hermans to issue a notice of permission is irrelevant because people have a primary facie right to assemble under Section 1 of the Act. The assembly that took place on Saturday the 5th October is simply an ‘unauthorized‘ peaceful assembly. And if police want to remove the refugees from outside Jim Chalmers office, they have to go to court to do so.
What both police and Caxton Legal Aid fail to understand is the intention of the Act. It was never a permit system. It is a notification system. That is why the act takes such pains to specify what needs to be notified. See s 9.(1) of the PAA Act.
Police Commisioner Terry Lewis used to refuse people a permit to march. This legislation was enacted to ensure that this never happens again. The right to assemble is a statutory right. The police do not determine whether an assembly is lawful or unlawful. Only a magistrate can do that.
What the magistrate must consider is the intention of the legislation and must have regard to both the words of the ACT and the explanatory memorandum contained in the first reading speech of the bill (shown).
Besides, the rules of evidence do not apply in this legislation, so the use of the Acts Interpretation Act to read down the right of assembly is anathema to the intention and spirit of the Act.
The primary focus of the Refugee Action Collective must be obtaining permanent protection for refugees, the right to a Medicare card, the right to work right to education, and the right to vote.
Ian Curr
5 Oct 2024 (amended on the 9th of October).