Workplaces (Protection From Protesters) Bill 2014

The Tasmanian government has passed the Workplaces (Protection From Protesters) Bill 2014 on the 18 November 2014. The bill was designed to implement the Tasmanian government’s election policy commitment to introduce laws that would address illegal protests in the workplace.

Background to the Bill

The Act, once assented, will create new indictable offence under Tasmanian law, but the government insists that it will not seek to prohibit the right to peaceful protest. The act instead attempts to regulate inappropriate protest activity that impedes the ability of businesses to operate lawfully. The act therefore makes it an offence for protesters to engage in protest activity that would hinder, obstruct or prevent business activity on business premises. Business activity covers those businesses that operate on a commercial basis with the intent to generate wealth and employment opportunities in Tasmania. This includes government owned businesses, as well as private for profit businesses.

An ‘on the spot’ fine concept will be implemented allowing infringement notices of up to $2000 to be issued to any offenders. The infringement notice provides the opportunity for offenders to pay the fine and avoid escalating the matter before a court of law. Should the matter escalate, the offender could face a greater court imposed penalty of up to $5000 when convicted.

Impact of the Bill

In the second reading speech delivered in the lower house, the point was made that the act is committed to driving the recovery of the Tasmanian economy by encouraging business growth. The act is designed to allow facilitate industry confidence and allow businesses and employees to do their work creating wealth and employment opportunities for the Tasmanian people. The point was stressed that far from infringing on the freedom of speech, the act will only send a strong message to disruptive and irresponsible extremist protest groups that such unlawful actions will not be tolerated by the Tasmanian community. 

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Workplaces (Protection From Protesters) Bill 2014 as reproduced in TimeBase LawOne