Repeal of Controversial Victorian Anti-Protest Laws Not Certain
Friday 13 February 2015 @ 11.04 a.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research
Previously, we have reported on Victoria's Summary Offences and Sentencing Amendment Act 2013 which amended Victorian law to allow police to disperse protesters who it is suspected or anticipated will turn violent (see Summary Offences and Sentencing Amendment Bill 2013 (VIC): Expanded Police Powers and also, Victoria Passes Controversial New Anti-Protest Laws).
The law was passed in March 2014, despite heavy opposition from the then state Labor opposition and other interested parties. The law was opposed primarily on the ground that it gave Victorian police unprecedented powers to suppress protests. The repeal of the law, known as the "move-on" law, was a key promise of the now Victorian State Labor Government.
Background
Under the controversial law, Victorian police officers can order protesters to disperse if they are blocking the entrance to a building, obstructing people or traffic, or most controversially, if police "expect protesters to turn violent". The penalty set for the violation of orders ranged from a $720 fine to imprisonment. Additionally, the laws also allowed police officers to obtain exclusion orders banning protesters from certain public places for 12 months at a time.
At the time of making the new laws, the then government argued they were designed to prevent anti-abortionist protesters from regularly blockading fertility clinics and intimidating those seeking fertility treatments, but the general scope of the law instilled in opponents (mostly, the legal profession and civil liberties groups) a fear that the laws might be abused. The argument being that the laws go too far and allow the government, and the police, too much power, with possible application of the law to labour disputes ranking as a cause for concern.
New Government Seeks Repeal
In recent days, as the Victorian parliament met for the first time last Tuesday (11 February 2015), it has been reported by The Guardian and other news sources, that the new Victorian Labor government will seek to repeal the controversial “move-on” laws. It is reported that the government of new Premier Daniel Andrews wants to distinguish itself as ". . . a civil libertarian reforming new broom".
However, the news reports also indicate the position of the new government is not clear or certain with respect to any proposed repeal getting through the complicated mix of parties in the Victorian upper house.
The Victorian Attorney-General is reported as indicating negotiations were continuing with upper house members and that the repeal should go ahead within a fortnight. To achieve this, the Victorian government needs the support of the five Green upper house members, plus two crossbenchers.
For and Against Repeal
The current position in respect of the repeal is reported as:
- the Sex Party’s Fiona Patten supporting the repeal;
- two Shooters and Fishers party MPs still considering their position;
- DLP MP Rachel Carling-Jenkins not confirmed but expected to oppose repeal;
- Vote 1 Local Jobs MP James Purcell undecided.
The position of the Greens is interesting in that while reported as wanting to scrap the move-on laws, they accuse the Labor government of hypocrisy - pointing out that in opposition Labor in 2014 supported restricting peaceful protests against logging and duck shooting. Another citicism leveled at the new government with respect to the repeal is that it is "a favour to the CFMEU union, which feared the laws would stop union pickets, or to anti-East West Link protesters, who briefly halted the project last year". A criticism denied by the Victorian Attorney-General and responded to by the Premier as being: “yet again flippant commentary from people who haven’t thought about these issues”.
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