Right to protest

The legal right to protest is fundamental to the proper functioning of our democracy. Only after tireless, sustained protest did First Nations peoples win the right to vote, did LGBTIQ+ people achieve marriage equality, and did unions secure the eight-hour workday.

Under Article 21 of the International Covenant on Civil and Political Rights, the right to peaceful assembly shall be recognised. No restrictions may be imposed unless the protest is an imposition to national security, public safety, public order, the protection of public health, morals or the rights and freedoms of others. Australia has ratified this international agreement and therefore laws should not be passed that are inconsistent with this right. 

In April 2022, the NSW Parliament passed legislation to prevent ‘illegal protesting’ on major roads, bridges, tunnels, public transport and infrastructure facilities. The new legislation amends section 144G the Roads Act 1993 which criminalises causing serious disruption by entering, remaining on or trespassing on prescribed major bridges and tunnels, to now include all “main roads”. Offences carry a maximum penalty of $22,000 or two years in gaol, or both. NSWCCL condemns these legislative changes in totality. Protest should not be confined to back roads.  Should the changes remain, and we do not think they should, we especially condemn the lack of proportionality of the punishment that can be imposed for offences committed by protesters. 

Register as a legal practitioner willing to assist on the right to protest

Helpful resources

PREPARING TO STAGE OR ATTEND A RALLY/PROTEST MARCH/DEMONSTRATION:

Make sure the organisers have obtained the correct permit to stage the demonstration, and if not, why?

ON THE DAY:

IF ARRESTED, KNOW YOUR RIGHTS:

  • It is not an offence to participate in a protest. However, you may be charged with an offence arising from your conduct whilst participating in a protest.
  • The police must identify themselves when arresting you and must also declare the reason/s for arrest.
  • Under certain circumstances, you are legally required to provide your name and address to the police. However, you have the right to remain silent in response to any further questions. 
  • The police may seize your phone if they have reasonable suspicion that it is stolen, has been used to commit an offence or contains evidence of an offence. You are not required to provide them with your passcode if they do not hold a warrant.
  • For a more comprehensive guide see Counteract’s ‘Guide for Activists in NSW.’ 

LEGAL ADVICE/REPRESENTATION:

If you need a lawyer you can contact the following:

Research the Law in NSW - two free resources from the State Library of NSW providing plain english guidance to the law in NSW. 

* If you are in immediate danger, dial 000 (within Australia).

This information is not intended to constitute legal advice, but rather to provide legal information as a starting point for people who are interested in the right to protest. 

 

 

Subscribe with RSS

NSWCCL acknowledges that the land on which we operate and function is the traditional land of the Gadigal people of the Eora Nation.

We pay our respects to the Elders, both past and present and acknowledge the Youth, the future leaders, in whose hands we hold our hope for a reconciled future.

Always was, always will be.

 

Privacy policy | Contact us | Back to top

Copyright 2021 © NSW Council for Civil Liberties Inc. All Rights Reserved.