Western Australia Plans New Laws for Protests

The Western Australian government wants to make new laws. These laws would let police stop protests if they think the protests might cause hate or trouble. The government says this is to keep people safe and united.
By Newsroom | Law, Australia |

Recent events, including a violent attack during a Jewish holiday celebration and an alleged attempted terror act at a protest, have prompted the Western Australian government to introduce new legislation. These proposed laws aim to grant police increased authority to refuse protest permits, particularly for demonstrations perceived as likely to promote hate or intimidation. The government states the intention is to uphold social cohesion while safeguarding fundamental rights, though concerns have been raised about potential impacts on free speech and the right to assemble.

WA government set to give police new anti-protest powers - 1

Government's Rationale and Proposed Measures

The Western Australian government is set to introduce new laws that would empower the police to deny permits for protests if they are deemed likely to foster hate. Premier Roger Cook has indicated that these measures are a response to specific incidents, including the Bondi antisemitic attack on December 14th and an alleged attempted terror incident at an Invasion Day protest in Perth on January 26th.

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WA government set to give police new anti-protest powers - 2

The proposed legislation is designed to:

  • Allow police to refuse protest permits based on the likelihood of promoting hate.

  • Consider factors such as religion, race, disability, gender, or ethnicity when assessing a protest's potential to incite hate.

  • Broaden the prohibition on Nazi symbols to encompass symbols of any organization outlawed under Commonwealth legislation, such as Hamas, Hezbollah, and the Islamic State.

  • Apply these prohibitions to juveniles who display such symbols.

The government asserts that these laws aim to strike a balance between the right to protest and the need to prevent harassment, violence, and intimidation, thereby promoting "social cohesion."

WA government set to give police new anti-protest powers - 3

Concerns and Criticisms

While the government emphasizes its intent to protect communities and uphold fundamental rights, some groups have expressed apprehension regarding the proposed legislation. The Greens party, for instance, has voiced concerns that the new laws could grant the police excessive discretion in deciding who has the right to protest. This raises questions about the potential for these powers to be applied in ways that could inadvertently stifle legitimate dissent or free expression. The argument from critics centers on whether the government's proposed measures might disproportionately affect certain groups or limit the scope of public discourse.

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Echoes of Existing Legislation

The proposed Western Australian laws bear similarities to measures recently enacted in New South Wales (NSW). Following the Bondi attack, the NSW government introduced legislation that permits police to ban authorized protests for up to three months after a terror attack. This trend suggests a broader governmental inclination towards enhancing police powers in response to perceived threats to public safety and social order, even at the potential cost of protest freedoms. Reports indicate that such enhanced police powers, including the ability to impose conditions on repeated protests and assess their "cumulative impact," are also being considered or implemented in the United Kingdom.

Evidence Presented

  • Government Statements: Premier Roger Cook has articulated the rationale behind the new laws, citing specific incidents and the goal of promoting social cohesion.

  • Proposed Legislative Scope: The laws would extend the ban on Nazi symbols to include those of federally outlawed organizations, and grant police the power to refuse permits based on potential for hate promotion related to protected attributes.

  • Comparison to NSW Laws: The Western Australian proposals mirror legislative changes in New South Wales, which also introduced enhanced police powers to ban protests following recent security concerns.

  • UK Context: Reports from the UK suggest a similar direction, with discussions around granting police broader powers to manage and restrict protests deemed disruptive or intimidating, especially to specific communities.

Expert Analysis

While no direct expert analysis was available within the provided texts, the framing of the legislation highlights a common tension in democratic societies: the perceived need for security versus the protection of civil liberties. The potential for overreach in granting broad powers to law enforcement in the area of protest regulation is a recurring theme in discussions of such laws globally. The specifics of how these powers would be implemented and the mechanisms for oversight will be crucial in determining their ultimate impact on fundamental rights.

Conclusion and Implications

The Western Australian government's proposed legislation represents a significant shift in how public demonstrations will be regulated. By granting police the explicit power to refuse protest permits based on the potential for hate promotion, the government seeks to address security concerns and maintain social order. However, this move is not without contention. Critics, including the Greens, highlight the potential for these new powers to impinge upon freedom of speech and the right to peaceful assembly. The legislative direction taken by Western Australia aligns with recent actions in New South Wales and broader discussions in other jurisdictions regarding the management of public protests. The ultimate effect of these laws will hinge on their precise wording, implementation, and any subsequent legal challenges or judicial review.

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Frequently Asked Questions

Q: Why is Western Australia making new protest laws?
The government wants to stop protests that might cause hate or trouble, especially after recent events. They want to keep people safe and united.
Q: What will the new laws do?
The laws will allow police to refuse permits for protests if they think the protests are likely to promote hate or scare people. They will also ban symbols from groups like Hamas and ISIS.
Q: Are people happy about these new laws?
Some people are worried. They think the police might have too much power and that it could stop people from sharing their views freely.
Q: Are other places doing this?
Yes, New South Wales in Australia has similar laws. Other countries like the UK are also thinking about giving police more power to manage protests.