Review of the Unlawful Assemblies and Processions Act 1958

Chapter 1 - The Inquiry

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INTRODUCTION

1.1 As part of an examination of the portfolio of the then Minister for Police and Emergency Services, the Hon. Pat McNamara MLA, the Minister requested the Redundant Legislation Subcommittee ("the Committee") to review the Unlawful Assemblies and Processions Act 1958 ("the Act"). The purpose of the inquiry was to determine whether the Act was redundant.[1]

SCOPE OF INQUIRY

1.2 The Act could not be considered in isolation. Rather, the inquiry required a consideration of the scope of the freedom of assembly in Victoria. However, it should be noted that the inquiry did not extend to a consideration of freedom of assembly in the context of industrial disputes. Industrial disputes involve Commonwealth legislation and governance, which were beyond the scope of the present inquiry.

CONDUCT OF INQUIRY

Issues Paper

1.3 The Committee released the Review of Redundant and Unclear Legislation, Unlawful Assemblies and Processions Act 1958, Issues Paper ("Issues Paper") in December 1996. The Issues Paper outlined the following matters:– the right of assembly in international law and at common law; the provisions of the Act and other relevant legislation; assemblies in and around Parliament House; and a comparison with legislation and practice in other Australian jurisdictions.

1.4 Copies of the Issues Paper were mailed to an extensive list of interested organisations and individuals, including academics, Victoria Police, and Liberty. These organisations and people were invited to make submissions to the Committee in relation to the possible repeal of the Act.

Advertisement

1.5 The Committee received very few submissions in response to the initial distribution of its Issues Paper. The decision was therefore made to advertise the inquiry in the press, calling for submissions from the public. An advertisement appeared in The Age and The Herald Sun on 5 September 1998. The closing date for submissions was 28 September 1998. A list of all submissions received is included as an Appendix to this Report.

Hearing

1.6 The Committee is grateful to the members of Victoria Police who attended a hearing before the Committee on 3 May 1999.

Commonwealth Review

1.7 Soon after the Committee commenced its review of the Act, the Commonwealth Joint Standing Committee on the National Capital and External Territories conducted a review of the right to protest. The Committee determined to await the Joint Standing Committee's final report before proceeding any further with its own review. The report, A Right to Protest, was published in May 1997.

REPORT STRUCTURE

1.8 Chapter 2 provides an introduction to the freedom of assembly, by describing the common law position, and then briefly outlining restrictions on freedom of assembly and other important developments. Chapter 3 discusses the situation in Victoria, beginning with a detailed examination of the Act, going on to consider other restrictions on the freedom of assembly, and finishing with a review of Victorian practice in relation to assemblies and processions. Relevant legislation in other Australian jurisdictions is outlined in Chapter 4, which also looks at reviews of relevant legislation in other Australian jurisdictions. Chapter 5 considers the development of implied rights by the High Court of Australia. The treatment of the freedom of assembly in international law is discussed in Chapter 6. Chapter 7 is devoted to issues particular to assemblies conducted around the Victorian Parliament House.

Scrutiny of Acts and Regulations Committee
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