Review
of the Unlawful Assemblies and Processions Act 1958
Media Release
Enactment of Right to Peaceful Assembly Recommended
The right to peaceful assembly, severely restricted for the
last 150 years by the Unlawful Assemblies and Processions
Act 1958, should be enshrined in Victorian legislation,
according to recommendations made by the All-Party Parliamentary
Scrutiny of Acts and Regulations Committee.
The review was tabled in Parliament today by Chair
of the Redundant Legislation Subcommittee, Maree Luckins, MLC Member for
Waverley Province. The Subcommittee includes Murray Thompson MLA, Member
for Sandringham, Peter Katsambanis MLC, Member for Monash Province, Carlo
Carli MLA, Member for Coburg and Bob Cameron MLA, Member for Bendigo West.
Chair of the Subcommittee, Maree Luckins said "the right
of citizens to express their opinions by demonstration or assembly
is fundamental to the operation of a vibrant democracy. However,
this right must be balanced by a concern for public safety,
public order and the protection of the rights and freedoms of
other members of the community. The Committee recommends that
these rights extend to the enjoyment of the natural environment
and the ability to go about activities and business without
undue interference."
The repeal of the Unlawful Assemblies and Processions Act
1958 was recommended in the report. Provisions of the
existing Act identified as worthy of saving in other legislation
include those relating to riotous assemblies, recommended for
inclusion in the Crimes Act 1958 in modern, simple language.
"The existing provisions require the attendance of a Magistrate
to ‘read the riot Act’. The Committee acknowledges
that this may not always be possible in country areas and has
provided for the Commissioner of Police to be empowered to attend
the scene of a riotous assembly to read the notice to disperse.
The Commissioner may delegate this power to a high ranking police
officer if necessary." Mrs Luckins said.
The Unlawful Assemblies and Processions Act 1958 also
set out the Parliamentary precinct and some measures for the
protection of the Parliament of Victoria. "During the course
of the review, it became apparent that the people charged with
protecting staff and property at Parliament House are seriously
hampered in their task by unclear common law powers and uncertain
property boundaries. The report recommends the enactment of
legislation to clarify the parliamentary precinct and the powers
of the Presiding Officers in dealing with demonstrations and
assemblies." Mrs Luckins continued.
"The Committee considered how best to regulate the conduct of peaceful assemblies, many of which take place around Parliament
House. The current cooperative system between the authorities
affected by and responsible for assemblies and demonstrations,
including Victoria Police, The City of Melbourne and the Presiding
Officers of the Parliament of Victoria, works well. The Committee
recommends that the various authorities build on the existing
cooperative process to coordinate demonstrations and assemblies"
Mrs Luckins concluded.
Scrutiny
of Acts and Regulations Committee
©
Parliament of Victoria |