Prosecutions under the Workplaces (Protection from Protesters) Act

Tasmania Police has determined to discontinue a prosecution under the Workplaces (Protection from Protestors) Act 2014.

The alleged offence occurred during protests in January 2016 at the Lapoinya State Forest.

The charge, alleging a 71 year old man failed to comply with directions to leave a business access area contrary to s 8(1)(a of the Act, will be discontinued.

Tasmania Police has recently received information which suggests that the defendant was located on “business premises” and therefore the charge relating to being in a “business access area” should not proceed.

The decision not to proceed was made by Tasmania Police after receiving legal advice from the DPP.

In this case the DPP observed that it was difficult for police officers to determine whether a person was in a business access area or on business premises.

As a result of the advice, four other prosecutions relating to the Lapoinya protests will be reviewed.

Tasmania Police will provide appropriate guidance to officers in relation to the application of these particular sections of the Act.

Darren Hine
Commissioner of Police