Guide cover - Title reads 'Legal Handbook for the Victorian Coal and Gas Movement'.

Legal Handbook for the Victorian Coal and Gas Movement

Introduction

‘A Legal Handbook for the Coal and Gas Movement’ was produced by CounterAct and Environmental Justice Australia. The purpose of this handbook is to help you understand your rights and what risks you might be taking, including when you could be arrested and what you could be charged with, if you choose to participate in protests and other actions. While some of the information in this handbook may be useful in actions relating to unconventional gas, and coal mining across Australia, the laws discussed only apply in Victoria.

This country has a long and proud history of protest and nonviolent direct action. We have seen significant environmental outcomes secured from campaigns that have used direct action. The iconic campaigns to stop the damming of the Franklin River, the battle to stop uranium being mined at Jabiluka, the fight against an industrial gas hub in the Kimberley, and the ongoing old growth forest campaigns are just some of the victories that have come about in part due to direct action being used.

There is also a significant history of nonviolent direct action over the last ten years in Australia on issues relating to climate change. In Victoria in recent years there have been large convergences at the Hazelwood power station, the ongoing civil disobedience actions of Quit Coal, and communities preparing across Gippsland and Western Victoria to challenge unconventional gas projects.

The growing campaign to ‘Lock the Gate’ to unconventional gas across the country is one of the most significant social movements in Australia’s recent history, bringing together farmers, environmentalists, traditional owners and conservatives.

As government inaction fails to secure our climate, land and water from the impacts of coal and unconventional gas, people across the country are speaking out and defending their local communities.

This resource allows people to take informed risks and be educated on their legal rights in the event they wish to take action themselves.

Purpose of this handbook

The purpose of this handbook is to help you understand your rights and what risks you might be taking, including when you could be arrested and what you could be charged with, if you choose to participate in protests and other actions.

While some of the information in this handbook may be useful in actions relating to unconventional gas, and coal mining across Australia, the laws discussed only apply in Victoria.

Seek legal advice regarding specific cases

While all care has been taken in preparing this publication, it is not a substitute for legal advice in individual cases. It has been prepared for people in Victoria. Whilst there may be some similarities with other states, the law differs state to state. For any specific questions, seek legal advice.

Contents

Acknowledgement 1

Introduction 6

  • Mining, the law and the community 6
  • Purpose of this handbook 7
  • Why protest? 7

1 Risks of protesting: What happens if you are charged with a crime? 8

  • 1.1 Common concerns about having a criminal conviction 9

2 Protesting and criminal charges 12

  • 2.1 Trespass 13
  • 2.2 Change to ‘move on’ powers 15
  • 2.3 Obstructing a footpath or road 15
  • 2.4 Besetting 15
  • 2.5 Posting bills and defacing property 16
  • 2.6 Resisting, hindering and obstructing arrest 16
  • 2.7 More serious offences 16
  • 2.8 Offensive or threatening language 17
  • 2.9 Using violence or threatening violence to prevent police from carrying out their duties 17
  • 2.10 Offences relating to weapons 18
  • 2.11 Trespassing and other offences on critical infrastructure 18

3 Interactions with police 20

  • 3.1 Providing personal details 21
  • 3.2 Directions to move on 22
  • 3.3 Police questions and interviews 22
  • 3.4 Photographs, fingerprints and forensic material 25
  • 3.5 Searching people and property 26 3.6 Police behaviour 28

4 Being arrested 32

  • 4.1 Being arrested by police 33
  • 4.2 Being arrested by others 34
  • 4.3 Being detained by police 35
  • 4.4 When in custody 35
  • 4.5 Bail

5 Going to court 38

  • 5.1 Legal Assistance 39
  • 5.2 Interpreters 40
  • 5.3 Preparing your case 40
  • 5.4 Deciding how to plead 40
  • 5.5 Penalties 42
  • 5.6 When in court 43

6 Possible outcomes and penalties 44

  • 6.1 Dismissal 45
  • 6.2 Diversion 45
  • 6.3 Compensation orders 46
  • 6.4 Other penalties 46
  • 6.5 What does the court consider when sentencing? 47

7 Contacts and resources 48

  • 7.1 Useful websites with additional information 49
  • 7.2 Useful contacts 49 8 Appendices 50

8 Appendices 50

  • 8.1 Appendix 1 Glossary 50
  • 8.2 Appendix 2 Laws that apply to Locking the Gate 54
  • 8.3 Appendix 3 Legal overview FAQ 56
  • 8.4 Appendix 4 Activist rights — a short guide 61

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