Law and You (80) Protest Laws

Science march crowd in Melbourne, Earth Day 2017

Science march crowd in Melbourne, Earth Day 2017 Source: Credit to Flickr/ Takver

In 2011 Time magazine declared the protestor to be its person of the year - the defining trope of our times and once again… a maker of history.


According to Dr Daniel Joyce, a lecturer at UNSW Law:

There is no free standing right to protest, but protest is protected indirectly and directly by the law. Firstly, the common law protects protest as a fundamental right and freedom, which in combination with an interpretive tool - the principle of legality - can mean that laws affecting protest might be interpreted restrictively.

Secondly, even without a bill of rights, the Australian constitution provides indirect constitutional protection for protest - as political speech - via the implied freedom of political communication.

.. Thirdly, protest is protected in various statutes regulating police powers, public order and local government.






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