Protests in Australia: Everything you need to know

Protesting is a powerful way to raise awareness of a cause, make your voice heard, and mobilise support for change. Recent protests in Australia—from climate action to pandemic-related restrictions—have highlighted how crucial peaceful assembly is in our society. 

Before you hit the streets, it’s crucial to understand your rights, the laws that apply to protests, and how to maximise your impact. In this guide, we’ll cover everything you need to know about protests in Australia, from the history of activism to modern regulations and tips for organising a peaceful and practical demonstration.

A brief history of protests in Australia

Australia has a rich history of protests, significantly shaping the nation’s social, political, and economic landscape. Protesting has a long and significant history in Australia, dating back to colonial times.

The Frontier Wars (1788–1930s) saw Aboriginal Australians resist British colonisation, marking one of the earliest forms of Australian protest. As the British expanded across the continent, Indigenous Australians fought back to protect their lands and way of life. This violent conflict was a response to the injustice of displacement and cultural destruction—a theme that has carried forward into many modern protests.

In more recent history, protests have played a vital role in shaping Australia’s social and political landscape. From the women’s suffrage movement in the late 19th century to the fight for Indigenous land rights in the 1960s and 1970s, protests have led to significant change. Some critical protests include the 1966 Wave Hill Walk-Off, the Mardi Gras protests for LGBTQ+ rights, and the recent Extinction Rebellion demonstrations against climate inaction.

In 2021, construction workers in Melbourne protested against mandatory vaccinations, leading to significant unrest and violent clashes with police. Protests continue to be critical tools for everyday Australians to raise awareness of injustice and rally support for change.

Photo source: Wikipedia

One of the most notable is the Vietnam War protests of the 1960s and 1970s. These demonstrations were a direct response to Australia’s involvement in the Vietnam War and were marked by widespread marches, sit-ins, and public outcry. The protests brought together a diverse group of Australians, including students, veterans, and everyday citizens, all united in their opposition to the war. The movement played a crucial role in shifting public opinion and ultimately influenced the government’s withdrawal of troops.

Another significant protest occurred during the Women’s Suffrage movement in the early 20th century. This movement fought tirelessly for women’s right to vote, achieving a landmark victory in South Australia in 1894, where women were granted the right to vote and stand for parliament. 

By 1902, all non-Indigenous, non-migrant women in Australia had gained the right to vote, marking a significant step forward in gender equality. These protests secured women’s voting rights and laid the groundwork for future movements advocating for gender equality and women’s rights.

Understanding protesting rules and rights

The Australian Constitution does not explicitly guarantee the right to protest, but freedom of assembly and association are protected under international law. Australia is a party to the International Covenant on Civil and Political Rights (ICCPR), which ensures the right to peaceful assembly and association, as outlined in Article 21. However, state-based laws regulate how, where, and when you can protest.

What is the right to protest?

The right to protest is a fundamental human right that encompasses the right to express one’s opinions, beliefs, and values through peaceful means, such as demonstrations, marches, and rallies. This right is protected by international human rights law, including Article 19 of the Universal Declaration of Human Rights, which guarantees the right to freedom of expression.

In Australia, there is no Commonwealth legislation enshrining the right to freedom of assembly and association in all circumstances, which means there is no simple or overarching ‘right’ to protest in domestic law. The right to protest comes from the implied freedom of political communication found in the Australian Constitution.

It means while Australians may not explicitly have a right to protest, governments are expressly forbidden from introducing any laws which might impede a person’s right to express themselves or protest.

Protesting at the National Capital: Guidelines and requirements

In Canberra, protests are allowed on National Land (including Parliament House and the National Triangle) without formal approval. However, to erect structures (stages, tents, etc.), you must obtain permission from the National Capital Authority (NCA).

The NCA coordinates with the Australian Federal Police (AFP) and other authorities to ensure that protests are safe and peaceful and do not interfere with other public events. Any demonstration within the Parliamentary Precincts must also adhere to guidelines to maintain security and public access.

Anti-protest laws in Australia

Australia has seen a rise in anti-protest laws, mainly aimed at climate activists. Several states have recently introduced laws imposing heavy penalties on protests that disrupt public services or industries.

• New South Wales: Protesters who disrupt major roads, bridges, or public transport can face up to two years in jail and $22,000 in fines.
• Victoria: Climate protesters who interfere with logging operations can face up to 12 months in jail and fines of up to $21,000.
• Tasmania: Protests that obstruct workplaces can result in up to 2½ years in prison and fines of up to $11,000.
• South Australia: Recent legislation increased fines for disruptive protests from $750 to $50,000 and potential jail time. This law was prompted by Extinction Rebellion protests that shut down roads during an oil and gas conference.

These laws have been criticised for targeting environmental activists and suppressing the public’s right to assemble peacefully.

Photo by Matt Hrkac from Flickr

The fight to repeal anti-protest laws

Human rights organisations, including Amnesty International and the Human Rights Law Centre (HRLC), are actively campaigning to repeal these anti-protest laws. They argue that these restrictions infringe upon the public’s right to speak out against injustice, making it harder for individuals and groups to hold those in power accountable.

Multiple petitions, including the “Reject the Anti-Protest Bill” campaigns, have been launched to protect the right to protest in Australia and ensure that peaceful assembly remains a tool for democratic participation.

The role of human rights law

Human rights law plays a crucial role in protecting the right to protest in Australia. The Australian Human Rights Commission is at the forefront of promoting and safeguarding human rights, including the right to peaceful assembly and expression. The Commission has developed comprehensive guidelines for police and other authorities on managing protests, emphasising the respect for the right to peaceful assembly.

These guidelines are designed to ensure that protests are conducted safely and that the rights of protesters are upheld. Additionally, human rights law provides a framework for challenging anti-protest laws and policies that may infringe on the right to protest. Organisations like Amnesty International and the Human Rights Law Centre (HRLC) actively advocate for protecting and promoting the right to protest as a vital component of democratic participation.

COVID-19 Protests in Australia

The COVID-19 pandemic sparked protests across Australia, with many people expressing concerns about government restrictions, vaccination policies, and economic support measures. Protests erupted in various cities, including Sydney, Melbourne, and Brisbane, often marked by clashes between protesters and police. These demonstrations reflected the public’s frustration and the complex balance between public health measures and individual freedoms. 

During violent protests against strict COVID-19 lockdown measures, riot police employed tear gas and rubber bullets to disperse crowds, leading to numerous arrests and injuries among both protesters and police.

In response, the NSW Government introduced laws to restrict protests, which human rights groups have criticised as an attack on the right to peaceful assembly. Similarly, the Victorian parliament enacted laws that some view as an overreach of police powers. These measures sparked a broader debate about the right to protest during a public health crisis and the need to protect civil liberties while ensuring public safety.

Tips for a peaceful and impactful protest

If you plan to participate in or organise a protest, here are some essential tips to ensure your event remains peaceful and effective. 

Follow the protesting at Parliament House and government grounds guidelines

When protesting at Parliament House or other national landmarks, following official guidelines is crucial. Contact the National Capital Authority (NCA) to ensure your protest does not clash with other events. Always obtain necessary approvals if your protest involves structures or road closures. Remember that certain activities, like camping or using sound equipment, may require additional permissions.

Obtain organise permits and notify authorities

In many Australian states, organisers need to notify local authorities, including the police, about their plans. This is especially important in areas with heavy traffic or large crowds. Not only does it ensure safety, but it also helps avoid clashes with law enforcement.

Know your rights and legal support

Ensure that you know your rights as a protester. You only need to answer police questions by providing your name and address. However, authorities may arrest you if your conduct violates public order laws. Have legal support on hand, such as the Law Society referral service or Legal Aid NSW, in case of arrests.

Ensure safety and public health measures

Always prioritise the safety of participants and the public. Encourage social distancing, if necessary, and ensure access to water, shelter, and first aid.

Build support and momentum for your protest on Change.org

Before organising a physical protest, one of the most effective ways to gain momentum for your protest is by starting an online petition on Change.org. This platform allows you to amplify your message and gather signatures from people who share your vision. Use the petition to inform supporters about your cause and provide updates about upcoming protest events.

Once you’ve garnered support online, you can mobilise your community for an in-person protest. Change.org also provides tools to connect petition starters with media opportunities, helping your cause gain the visibility it needs to succeed.

The future of protests in Australia

The future of protests in Australia is uncertain, and those who seek to exercise their right to peaceful assembly and expression face significant challenges. The rise of anti-protest laws and the increasing use of police powers to restrict demonstrations substantially threaten the right to protest. 

Many Australians recognise the importance of protests in promoting social change and challenging injustice. As the country continues to evolve, protecting and promoting the right to protest is essential, ensuring that individuals and groups can voice their concerns without fear of reprisal. 

Protesting is a cornerstone of democracy and has shaped Australia’s history of social justice and reform. Whether you’re standing up for climate action, Indigenous rights, or gender equality, it’s essential to understand your rights and the laws governing protests. By organising peaceful and impactful demonstrations, you can contribute to meaningful change. 

Start by building support online with a petition on Change.org and follow the guidelines to ensure your protest is safe and effective.