Hundreds of protesters gathered in front of parliament house this afternoon to voice their opposition to the Barnett government’s proposed anti-protest laws.
The WA government has argued that new laws are needed to clamp down on extreme forms of protest. Attorney General Michael Mischin has said that they will only be used in a “narrow” set of circumstances but opponents are concerned that the legislation is vaguely worded and may be more widely utilised once they become law.
The proposed Prevention of Unlawful Activity bill would amend the criminal code so that protesters could be arrested if their was suspicion that they were going to conduct themselves unlawfully. The bill would allow those convicted to be jailed for up to 24 months and face fines of thousands of dollars.
Protesters mocked a part of the legislation that will make illegal for someone to be in possession of a “thing” that could be used for an unlawful activity. Attendees at this afternoon’s event were encouraged to “bring things”.
Labor leader Mark McGowan addressed the crowd and said sometimes governments don’t like what people are protesting about but the right to protest was fundamental to Australian values.
“The fact of the matter is we live in a society and a community in which we need protest. We live in a free society where people need to be able to protest to express their points of view. Its a fundamental right of Australian life that people across our community are able to  protest and express their points of view.” Mr McGowan said.
The Labor leader said the proposed legislation was unacceptable. Mr McGowan said if the government managed to get the laws through, a future Labor government would repeal them after the 2017 election.
“What this government is proposing is laws that are too harsh, they reverse the onus of proof, they put in place two year penalties and $24,000 fines, they criminalise the carrying of a ‘thing’, they are too broad. They will impact ordinary protests, by ordinary people.”
Mr McGowan demonstrated his thoughts about the proposed legislation by ripping up the documentation on the steps of parliament house.
The Barnett government looks set to pass the laws as they have enough support in the state’s lower house to make the proposed amendment a reality.
The United Nations has raised concern about the legislation. Three of the U.N.’s special rapporteurs raised concern about the introduction of the laws.
“If the Bill passes, it would go against Australia’s international obligations under international human rights law, including the rights to freedom of opinion and expression as well as peaceful assembly and association,” said the UN Special Rapporteurs on freedom of expression, David Kaye, on freedoms of peaceful assembly and association, Maina Kiai, and on human rights defenders, Michel Forst.
Lynn MacLaren, The Greens MLC for the Southern Metro area spoke to the crowd and said protesters has achieved many great outcomes for Western Australia over the years.
Speaking to OUTinPerth at the conclusion of the protest Ms MacLaren said the new laws may affect how people engage with a wide range of issues including the forth coming national plebiscite on marriage equality.
“I think it will serve as a deterrent. I think people will think twice about whether they go to protests. Typically civil society has felt perfectly entitled to stand up and speak out at peaceful protests… if these laws pass people i think will be much more cautious about their protesting rights, at least until they’re challenged in court.” Ms MacLaren said.
Lawyer Kate Davis, representing the Community Legal Centres Association of WA, addressed the protesters and said the legislation was concerning noting that rather than having to prove an element of an offense “beyond a reasonable doubt” the new laws only need a “reasonable suspicion”.
“‘Reasonable suspicion’ is the lowest standard available in our criminal law and the High Court has said it’s ‘something beyond a mere suspicion’. Â The legislation is drafted in such a broad manner that it is likely to be infringing our constitution.” Ms Davis said.
Premier Colin Barnett has previously said the focus of the laws is ensuring health and safety for people who may be effected by extreme protesting methods.
OIP Staff
Thanks for the coverage, OutinPerth. As the Greens spokesperson on Justice in the upper house I have been countering these proposed new laws tirelessly for a year now. There is a growing alliance of groups who are prepared to stand strong in opposition of these new offences. Marriage Equality campaigners will not stand alone. The Bill will be debated in the lower house now, so stay alert and join future protests.
Thanks for the coverage, OutinPerth. As the Greens spokesperson on Justice in the upper house I have been countering these proposed new laws tirelessly for a year now. There is a growing alliance of groups who are prepared to stand strong in opposition of these new offences. Marriage Equality campaigners will not stand alone. The Bill will be debated in the lower house now, so stay alert and join future protests.