Protests & Demonstrations in Tasmania
You can:
- Demonstrate and protest lawfully and peacefully.
Legally you cannot:
- Trespass and refuse to leave someone else’s property
- Damage someone else’s property
- Obstruct the police when they are doing their job
- Prevent someone from going about their business or using a public place
- Fail to leave a public place when directed by a police officer under some circumstances.
If you act unlawfully, fail to act peacefully or commit an offence when protesting, Tasmania Police will respond. That response may include arrest, removal and prosecution; and may involve being searched, and the taking of DNA, fingerprints and photographs.
If you are arrested and released on bail, then contravene the conditions of that bail, you will be returned to custody. You should be aware that this will result in you being strip searched by correctional officers, if held at a reception prison.
The key responsibility for police involved in the resolution of any demonstration, protest or industrial action is the same as for any other intervention: that is, the protection of life and property and the maintenance of peace and order, which includes others being able to go about their lawful business.
The Tasmanian Supreme Court Decision R v Commissioner of Police (1992) 61 A CRIM R 290 provides that Police must take certain action at demonstrations and protests:
- Deliberately obstructing persons entering or leaving private premises is either an offence or provokes a breach of the peace
- In such circumstances, a police officer has both a right and a duty to take action
- Police have little discretion whether to intervene when a specific offence such as an assault or a breach of the peace occurs
- The most appropriate response to any situation must be left to the discretion of the police. However, officers cannot ignore the commission of an offence in their presence. They cannot allow a desire to avoid violence deflect them from enforcing the law.
If you choose to have your voice heard in a lawful and peaceful protest, Tasmania Police will uphold your right to do so.
For more information, please email tasmania.police@police.tas.gov.au.
