The Human Rights Law Centre is calling on the South Australian Legislative Council to block proposed anti-protest laws that were rushed through the House of Assembly by the Malinauskas Government. If passed, the laws would undermine the ability of everyone in SA to exercise their freedom to peaceful protest.

The Summary Offences (Obstruction of Public Places) Bill 2023 (SA) could see people hit with fines of up to $50,000 and three-month jail terms, merely for blocking a footpath. It disproportionately criminalises peaceful protests, for instance people handing out pamphlets about gambling harm in front of a shop in Rundle Mall, or workers gathering on a footpath to demand better pay and conditions.

In the last five years, New South Wales, Tasmania, Victoria and Queensland have all passed anti-protest laws which impose severe penalties on people for engaging in peaceful protest. South Australia’s proposed anti-protest laws would carry the harshest financial penalties in Australia.

David Mejia-Canales, Senior Lawyer at the Human Rights Law Centre said:

“Two days after the Malinauskas government told gas corporations that the state is at their service, the SA Government is making good on its word by rushing through laws to limit the right of climate defenders and others to protest.

“Australia’s democracy is stronger when people protest on issues they care about. But the SA Government’s knee-jerk action in response to peaceful climate protestors at an annual fossil fuels conference, is yet another attack on people’s right to protest.

“The right to protest is fundamental to our democracy; from First Nations land rights to the eight-hour workday – protest has been crucial to achieving  many important social changes.

“This knee-jerk reaction by the South Australian government will undermine the ability of everyone in SA to exercise their right to peacefully protest, from young people marching for climate action to workers protesting for better conditions. The Legislative Council must reject this Bill.”

Background

On Wednesday morning, Extinction Rebellion protesters suspended themselves from a bridge and closed traffic for 90 minutes.

By Thursday afternoon, the SA Government, with support from the opposition passed changes to the Summary Offences Act, which currently imposes a $750 fine and no jail time.

Photo credit: Michael Coghlan from Adelaide, Australia, CC BY-SA 2.0 <https://creativecommons.org/licenses/by-sa/2.0>, via Wikimedia Commons

Media contact:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au