Legal Guides for Activists about Protests

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Introduction

A collection of legal guides for activists in Australia about protesting. If you know of any others to add please let us know.

The Australian Human Rights Commission notes that Australia is signatory to the International Covenant on Civil and Political Rights concerning participation in public affairs and elections and guaranteeing freedom of expression not limited to criticism, opposition, and holding peaceful demonstrations. The Commission points out that additionally, Common and Constitutional law are interpreted by Australian courts as providing freedom from interference in political communication. Some states and territories have separately enacted human rights bills.

Nevertheless, campaigns and protests can breach national, state or territory, and city or council laws and regulations. Notably, parliaments in some Australian states have begun passing or attempting to pass laws aiming to further penalise certain protest activities.

Understanding restrictions relevant to campaigns and protests is an important aspect of organising.

Please note: Information about the law is not a replacement for legal advice. Depending on your circumstances you may need specific legal advice from a qualified lawyer. Your local community legal centre may be a good place to start. Please note the date materials have been updated. If some time has passed you may need to check if the law has changed.

Australia wide

States and Territories

Australian Capital Territory 

New South Wales

  • Protest Law in NSW, Parliamentary Research Service (NSW), 2024
    This paper examines the right to protest in New South Wales and the central role of the Summary Offences Act 1988, which encourages co-operation between protesters and police. That Act can also result in courts issuing ‘authorisation’ and ‘prohibition’ orders. The effects of those orders ar​e discussed. ​The paper the​n considers the offences and police powers that apply to protests in NSW, including offences introduced in the Roads and Crimes ​Legislation Amendment Act 2022. One of the offences introduced by the 2022 Act was found to be partly invalid in Kvelde v State of New South Wales, because it infringed the implied freedom of political communication under the Australian Constitution. The paper also discusses protest law in other states and territories, including recent legislation affecting protests.​

  • A Guide for Activists in New South Wales: Your Right to Protest, Grata Fund and Counteract (published Dec 2020)

The right to peaceful protest is a core component of Australian democracy. Protest provides a space for communities to raise their voice and be heard, and is a tool to hold governments and corporations accountable. Our communities have advanced and protected the rights of workers, the natural environment, First Nations Peoples, women, disabled people, the LGBTQIA+ community and a broad array of other social and environmental justice issues. We have rights and freedoms through a wide diversity of social change tactics including protest and civil disobedience. – A Guide for Activists in NSW, Grata Fund and Counteract 

Northern Territory

Queensland 

Interactions with the law and police can be and feel really different to different people. For example, Aboriginal and Torres Strait Islander people and members of the LGBTQIAP+ community in Australia (and especially in Queensland) have a long and terrible history of police mistreatment. With this in mind, be wary of how the people around you may be impacted by actions in different ways and always aim to de-escalate conflict. – What is NVDA and Why Do We Do It, Action Ready 

South Australia

Tasmania

Victoria 

Western Australia 

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