[Greens-Media] Defend Your Right to Protest

[Michelle.Panayi at parliament.vic.gov.au]

Media Release

Victorian government set to legislate to shut down community right to 
protest

Tuesday 4 February

The Summary Offences and Sentencing Amendment Bill will be debated in 
state parliament this week. The bill expands the circumstances in which 
police and PSOs may direct a person to ?move on? from a public place. 

"This bill fundamentally changes the rights of citizens to protest, 
demonstrate or picket a particular place," Victorian Greens Justice 
spokesperson, Sue Pennicuik MLC said. "Whether people are protesting about 
environmental, social or industrial issues, they will now be subject 
extended ?move on? and arrest powers." 

Currently, under section 6 of the Summary Offences Act, ?move on? powers 
can be exercised if a person is or persons are breaching or likely to 
breach the peace, endanger or likely to endanger the safety of any other 
person, or is likely to cause injury to a person or damage to property or 
is otherwise a risk to public safety. 

However, under the current act, ?move on? powers do not apply in relation 
to picketing a place of employment or when demonstrating or protesting 
about a particular issue. The bill expands the number of reasons police 
can use move on powers and it removes the exemptions for demonstrations 
and pickets. 

"The additional grounds are unnecessary - police already have sufficient 
powers under the current act," Ms Pennicuik said. "The expansion of ?move 
on? powers that will significantly impede the democratic right of people 
to protest."

"It is also of concern that people experiencing homelessness could be 
disproportionately affected by the bill since they live in public places 
and may be more likely to be subject to exclusion orders," Ms. Pennicuik 
said. 

The bill will permit the police members to apply to a court for an 
exclusion order in circumstances where a person has repeatedly been 
directed to move on from a particular public place. The order would have 
the effect of banning that person from the specified public place for up 
to 12 months. 

The bill also creates an alcohol exclusion order scheme within the 
Sentencing Act: under the scheme, a court must make an alcohol exclusion 
order where a person has been convicted of a relevant offence and the 
court is satisfied that the person was intoxicated at the time, and that 
the person's intoxication significantly contributed to the offending. 

"This is a draconian piece of legislation, designed to shut down community 
protest and activism, including community opposition to government 
projects and decisions. The government should withdraw it," Ms Pennicuik 
concluded.


For further comment: Sue Pennicuik:(03) 9530 8399








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Parliament of Victoria                                                                                                                    . 

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