URGENT ACTION ALERT : PLEASE CIRCULATE
July 20, 2001
NEW LAW TO SUPRESS POLITICAL PROTEST
The State Labor Government is set to propose new legislation giving police
wide ranging powers to violently disperse political protests,
demonstrations and picket lines.
Your action is needed now to ensure the Peaceful Assemblies Bill is not
introduced and passed in the Spring session of the Victorian Parliament.
Under the guise of recognising "the right to assemble peacefully" and
abolishing the old Unlawful Assemblies Processions Act 1958, the proposed
bill will give power to police to use force to disperse any assembly they
believe may involve unlawful damage to property or violence.
Like the recent Commonwealth Shoot to Kill Bill, the proposed legislation
removes many of the limited safeguards in the old legislation, such as
requiring a magistrate to "read the riot act", under the pretense of
modernising the act. Under this new bill people will have a "right to
peaceful assembly" subject to restrictions necessary in the interests of
"public safety", "public order" and protection of the rights of the public
and persons "to enjoy the natural environment" and "to carry on business"
(s.5).
In practice what this means is a police officer, of the rank of senior
sergeant or above, may give a direction to an assembly of people
(demonstration, protest, march or picket line) to disperse if they are
acting in a manner "involving unlawful physical violence to persons or
unlawful damage to property" (s.6 & s.3). More importantly the police
officer can also give such a direction to disperse if they reasonably
believe a assembly of people may act in a manner "involving unlawful
physical violence to persons or unlawful damage to property" (s.6). If
people do not disperse after 15 minutes it will be "lawful for a member of
the police force, using no more force than is reasonably necessary, to
disperse or cause to be dispersed" the assembly of people (s.9).
As anyone knows most demonstrations and picketlines could easily be
portrayed as involving the possibility of violence or damage to property.
This bill may enable the actions of police at the World Economic Forum
against s11 to be legally justified.
A draft of the bill and supporting discussion paper are available online at
www.justice.vic.gov.au
Minister for Police and Emergency Services, Andrea Haermeyer is allowing
public comment and submissions on the bill only until July 30.
As many people as possible need to make submissions in the next week. (A
previous review of the Unlawful Assemblies and Processions Act, which
recommended these changes, received little public comment, which has
perhaps contributed to a view in the government that the changes will not
arouse public criticism.)
Submissions and comment can be made to:
Alexa Every
Department of Justice
Lvl 3, 55 St Andrews Place
MELBOURNE 3002
9651 6942
[EMAIL PROTECTED]
Even a short comment, call or email will help.
In particular emphasise that the bill should not allow junior police to
justify the use of force against demonstrations and picketlines merely on
the basis they that believe violence or damage to property might occur.
For more information and plans for further action contact:
Damien Lawson
Western Suburbs Legal Service Inc.
30 Hall St, Newport 3015 VIC
03 9391 2244 (Tel)
03 9399 1686 (Fax)
0418 140 387 (Mobile)
[EMAIL PROTECTED]
www.vicnet.net.au/~wsls
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