Peaceful Assembly

your right to protest, demonstrate and to hold rallies

The right to peaceful assembly is a fundamental civil right. It is recognised in many international human rights treaties and in Australian law. The right to protest about political issues is protected by the Constitution.

Read The Right of Peaceful Assembly, written by R.M. Hope QC in the late 1960's.

Read about police search powers and political protest.

Read a recent case about the right to peaceful assembly to protest against a Minister of the Crown.

Do you want to organise a protest?

You do not have to tell police that you are organising a rally, but CCL recommends that you do. Your protest will be a more pleasant experience for everyone concerned (you & your colleagues, police and the general public) if you work cooperatively with police from the beginning.

All you have to do is inform police that your protest is on, when and where and how many people you expect. There is a form called a 'Form 1' that you can fill out and hand in to the police station nearest to where you want to hold your protest. If possible, the form should be handed in at least 7 working days before the protest. Police will use the form to organise resources to control traffic etc.

If you do not hand in a Form 1 to police, you may not be able to obstruct traffic or pedestrians during your protest. And if anyone gets hurt, you might be liable for the injury.

The good news is that the police cannot refuse your Form 1 (unless there is special legislation covering the public area in which you wish to protest). If police want to stop your rally, they must take you to the Supreme Court to get an order of the court.

If you find that police are unlawfully trying to prohibit your march or rally, then make a complaint to CCL and we will try to help you uphold your right to peaceful assembly.