Particular Actions
Information stalls
Info stalls are a common way of educating the public about the campaign, raising funds and your profile and recruiting new people into the campaign. Info stalls might include literature, leaflets, and petitions to sign, displays and photos and campaign products to sell.
You don't necessarily need specific authority to hold a stall in a public space, such as a street corner; however, failing to have permission from the local authority such as the local council will make it easier for the police to move you on or threaten arrest if they so choose.
While the coercive powers of and council officers are very limited (in most cases they will have to call the police to enforce their directions), they may have the power to issue fines or infringement notices, should your stall be in breach of local regulations. You should find out from your local council what local laws apply in the area where you want to establish a stall and, if necessary, decide whether to apply for a permit.
If the stall is to be held on privately owned property, such as a shopping mall, then permission or a permit from the owner' is normally required. The trend of public space becoming privatised' is of concern here.
In some cases, public spaces such as Melbourne's Federation Square, or shopping centre plazas, are actually privately owned and administered. Failure to obtain the permission of private owners, and failure to leave when requested to do so, may result in your being charged . See Common Charges used against activists ; see also Marches and rallies regarding the process for seeking permissions.
Postering, graffiti and stencilling
Posters, stickers and well-placed graffiti or stencils are common forms of political expression and activist methods of community media, education or promotion.
Plan your popular advertising with this in mind: if caught, police may charge you with damage to property offences. Police may request that you pull down posters, instead of charging you, and private security patrols around private buildings who spot posterers at work may give chase and make arrests See Powers of private security.
When distributing information, consider the consequences of where you are putting the material. Note that the person who organises the printing, as well as the person who letterboxes or posters, can be found guilty of an offence under the Environment Protection Act 1970 (Vic).
It is an offence to post placards, bills, stickers or other documents, or to write, paint on or deface virtually any structure, including such things as trees and gates, without the consent of the owner (s.45O EPA Act and s.10 Summary Offences Act 1966 (Vic)). It is up to you to prove that you had the consent of the owner, occupier or manager of the building. The maximum penalty under the Summary Offences Act is $1500 or 3 months imprisonment, although the actual penalty will depend on the circumstances.. Under the EPA Act the maximum penalty is $1000. In addition to a fine you can be ordered to pay clean-up costs.
It is an offence to deposit advertising material anywhere but a mailbox (s.45K EPA Act ), including on a vehicle (s.45N EPA Act ). It is not an offence to deposit material that has a political purpose into mailboxes labelled with no junk mail or no advertising material (s.45M).
Additional restrictions apply to the publication of election materials. For federal elections, the Commonwealth Electoral Act 1918 (s.328) makes it an offence to print, publish or distribute an electoral advertisement, handbill, pamphlet, poster or notice unless the name and address of the person who authorised the printed material and the name and place of business of the printer appear. The maximum penalty for an individual is $1000 and for an organisation $5000. This section applies broadly, even where materials are not produced by political parties. Similar rules apply to state and local government elections.
While the usual penalty for graffiti is a fine, plus compensation for the cost of cleaning or repainting the wall, depending on the value of the damage caused, you could be charged with criminal damage under section 197 of the Crimes Act 1958 (Vic) or wilful damage under section 9(1)(c) of the Summary Offences Act 1966 (Vic). However, it can sometimes be difficult to predict what the penalty might be because every case is different.
For example, the people charged with painting the words NO WAR on the Sydney Opera House received a prison sentence and a huge clean up bill of over $100,000 (see their website at http://www.sydneyoperahousenowarcleanupfund.org and their unsuccessful appeal in the NSW Court of Criminal Appeal). Seek legal advice if you are unsure what sort of penalty you might face.
See also Damage to property for more information on these offences.
Liabilities of organisations
While the person or organisation that organises the printing, as well as the person who letterboxes or posters, can be found guilty of an offence under the EPA, care should also be taken with the content of a poster.
When deciding on the content of the information, some care needs to be taken. A person or corporation about whose reputation you may be making derogatory comment in the public domain may have a basis for a civil action for damages in defamation against you or your group. Defending legal actions in defamation can be a costly and debilitating process for individuals, organisations and campaigns, a fact which has been used by big corporations to their advantage.
See Legal threats to silence activists
Fundraising
See Legal structures for activist groups
Marches and rallies
 Marches and rallies are an extremely common and useful form of political protest. They are used to mobilise, educate, show support and to clearly demonstrate community feeling about an issue.
The number and frequency of marches and rallies held in Australia is in line with community expectations of the right to freedom of political expression and assembly. However, in the process of obtaining permission' to hold a march or a rally in a particular place, these rights need to be continually asserted.
For possible offences and charges relating to marches and rallies see: Unlawful assembly , Riot and Obstruction.
Obtaining 'permissions'
The choice of whether to obtain permission' to hold a march or rally is often a difficult one. The decision to seek permission needs to be weighed against the basic right of freedom of political expression and assembly.
Most marches and rallies in Australia are held without any prior permission or authorisation from authorities. They are simply political gatherings of people held on the streets or in public space.
If the march or rally is part of a long term campaign, or expected to be very large, it may be necessary and worthwhile to maintain good relationships with local councils, management and police. In these cases it may be well worth obtaining the appropriate permits and permissions from the relevant authority prior to the event. There are many things that may be difficult to do without specific permission such as erecting fixed structures, having stalls, tables, marquees, displays, vehicle access and access to power and public address systems.
Obtaining the appropriate permissions can take considerable time, so plan well in advance of the event.
Most of the conditions that you will need to meet to obtain permission to use a space are logical and appropriate conditions for well-planned public events such as first aid, toilets and crowd access etc. Other conditions, such as public liability insurance , may be more difficult.
To ask about obtaining permission contact your local council or your local police station.
Initial organisation for a march or rally
Which organisation is calling the march or rally? Which organisation will be responsible in the case of any legal repercussions? Whose name will be on the form to seek permission to use a space? See for more information.
It is important to designate clear responsibility for particular roles such as, marshalling, first aid, event management, hazard and risk assessment.
Initial planning decisions should include start and end points of the march, events along the way, and planning for: first aid, toilets, stalls and speakers, banners, marshals and acoustics and visibility of the area whether people will be able to see or hear speakers etc safety and access of vehicles, disability access and crowd dispersal after the event.
Other things to plan and organise may be:
- Provision of first aid and allowing ambulance access
- Use of stages and raised platforms health and safety issues
- Use of electrical equipment
Whose jurisdiction?
The jurisdiction of a particular area, park or piece of land can sometimes be confusing; even police, security and local council can be unclear at times.
Finding out the jurisdiction of the land or area where you plan to hold the march or rally is an important first step. You can consult the Victorian government website www.land.vic.gov.au for title searches or zoning maps, or you can visit the Planning Information Centre, Ground Floor, 8 Nicholson Street, East Melbourne (Ph: 9637 8610). Otherwise, contact your local council for zoning information.
Essentially there are geographical jurisdictions that determine the authority overseeing that land or building.
Most areas in Victoria have four possible authorities:
- Private property and landowners: shopping malls and precincts, corporate buildings and foyers, private farms and even places such as Federation Square;
- Land, parks and buildings controlled by councils and their by-laws: footpaths, malls municipal/local government facilities such as parks, reserves etc. The powers of council officials are very limited. In most cases they will have to call the police to enforce their directions;
- State government: most streets and roads, state government buildings such as Parliament House Victoria Police have jurisdiction;
- Commonwealth areas: Defence facilities, detention centres, premises under Defence (Special Undertakings Act) 1952, national parks, embassies and consulates The Australian Federal Police (AFP), or Australian Protective Services (APS) have jurisdiction over these areas.
Using Federation Square
Federation Square Management Pty Ltd (FSM) is a private company wholly-owned by the State Government of Victoria and managing the operation of Federation Square on a commercial basis. FSM has a process and forms for obtaining permission to hire or use parts of the square on its website: www.federationsquare.com.au.
FSM advises demonstration organisers that they can choose one of the following options for demonstration at Federation Square (after checking availability of the Square with Federation Square Management):
Option 1. Make use of the space for the gathering of people. No charges will apply, public liability insurance is not requested and no venue agreement need be instigated. The protest organisers, however, will not be able to make use of Federation Square's event infrastructure (i.e. power, screen access) and may not install any temporary infrastructure of their own.
Option 2. Make an application to book the Square (as per application form on the website). Pay a venue hire fee appropriate to the use of the space requested and meet all the regular event management requirements to run an event in the Square. These include: signing a venue hire agreement; providing proof of public liability insurance; and providing appropriate event documentation. Use of power, existing sound systems and the large outdoor screen may also be negotiated under this arrangement.
Public liability insurance
Many organisations in Victoria don't deal with the issue of public liability unless it is particularly mandated as a condition of permission to use a facility or space. Authorities can use not having public liability insurance as a justification for not giving permission to hold an event. It does not necessarily mean that you cannot hold the event.
For information go to: Public liability insurance for non-profit organisations
Police liaison
 For a large march or rally contact the police at least the week before.
The police may contact you if promotion has already occurred.
For a guide to conducting police liaison go to Police liaison.
In metropolitan Melbourne, contact Special Events. In regional centres or towns contact your local police station.
During police liaison outline estimated size, proposed route and any planned events on route such as sit downs, marshalling and crowd control etc.
What the police will tolerate is often related to the size of the march or rally.
Police will also liaise with other authorities such as the public transport authorities and local councils. Organisers can also do this.
Informing unions
It is well worth contacting unions whose members are likely to be directly affected by the march or rally. To contact a particular union go to the Victorian Trades Hall Council.
Vigils
Many of the considerations noted in Marches and rallies may need to taken into account.
Due to the ongoing nature of vigils pressure from the police, property owners and other stakeholders may become more intense over time. For a case study of a long-running vigil go to Peace vigil at the USA Consulate.
Public meetings
For the holding of outdoor public meetings see Marches and rallies.
Public meetings held in privately owned or local council venues are commonly subject to public liability or a range of health and safety conditions. If the venue owner or council is unsympathetic to the activist
organisation these conditions can be used to limit or prevent use of the building.
Local councils tend to have a range of conditions for hire of council owned halls and buildings including adequate public liability insurance.
Street theatre
Political street theatre is limited only by the imagination of activists and political artists. It is a term used to describe a huge variety of theatreand performance in public space that dramatises political messages or is part of a protest campaign. Huge puppets, die-ins', physical theatre, dance and music have long been part of political movements.
Legal issues surrounding political street theatre are akin to others in this section. The choice to obtain specific permission from the relevant authority must be weighed against the basic right of freedom of political expression and assembly.
In some cases busking permits may be obtainable from the local council; these will also authorise the collection of donations from the public watching.
Safety issues such as the use of fire, the use of structures and other equipment may complicate obtaining permissions. See Obstruction if there is the possibility that the street theatre may obstruct' a public thoroughfare. See Offensive language and behaviour if there is the possibility that the theatre may offend' somebody, if the theatre contains swearing or nakedness.
See also Naked actions.
As always, seek legal advice if you are unsure.
Naked actions
Naked actions have a particular symbolic impact and can often be used to highlight a cover-up or to demonstrate that activists have nothing to hide'.
During the campaign to stop the abuse of poorly paid clothing outworkers, Fairwear activists in Victoria went into shops and stripped off' to their underwear, claiming that they would rather wear nothing than wear clothes made with exploited labour.
Actions that involve nakedness should pay attention to offences discussed under Offensive language and behaviour.
Activist websites and publications
There are often calls for activist orientated publications or protest websites to be banned' or shut down' for a variety of reasons.
For the power to restrict prohibited internet content see section 216B, Schedule 5 Broadcasting Services Act 1992 (Cth) .
Case study: Indymedia sites
In the lead-up to the no-WTO protests in Sydney in September 2002 the NSW Police Minister and NSW Police Media Unit publicly announced their intention to shut down a number of activist internet sites.
The trigger for this was when an anonymous individual posted a shopping list for protestors attending the no-WTO protests on open-publishing independent news websites in Melbourne (www.melbourne.indymedia.org) and in Sydney. The posting advocated bringing marbles and baseball bats and provided links to other sites explaining how to make sling-shots and smoke bombs. Although other Indymedia users quickly identified this post as spam and suggested it had been posted by a provocateur intent on catalysing police violence at the protest, it was seized upon by the NSW Police Minister, Michael Costa, as a reason to shut down these two websites.
He referred the matter to the Federal Communications Minister and the Federal Justice Minister hoping to have the sites refused classification by the Australian Broadcasting Authority (ABA). Once refused classification, material can be banned either through forced removal or adding the sites' addresses to internet filtering software under online content legislation if it contains detailed instruction in crime, violence or drug use.
Two weeks before the protests began, the ABA concluded their investigations and found that none of the websites in question breached any government guidelines or regulations. The Office of Film and Literature Classification stated: The criterion looked at was whether these sites incited people to commit violent offences and it was decided that it did not reach that threshold. As a result the two Indymedia sites continue to operate despite very public attempts to ban them, with the issue being used to generate extremely negative publicity about the protests well before they occurred.
(From the Legal Observers Report no-WTO Protests published by the UTS Community Law and Legal Research Centre www.utscommunitylaw.org )
Activist websites may also be subject to claims of defamation.
See Legal threats to silence activists for further information.
Strikes
See section on Legal rights for trade unionists.
Boycotts
Boycotts are a very ancient and common method of social, political or economic non-cooperation. There are many different types of boycotts including social boycotts, rent withholding, international consumer's boycotts, producer's boycotts, worker's boycotts and trader's boycotts.
A consumer boycott involves the mass refusal to purchase or use a particular product or service for a variety of reasons. Defamation may be an issue to consider when considering a boycott.
See Legal threats to silence activists
Trade Practices Act
The secondary boycott provisions of the Trade Practices Act 1974 (Cth) (s.45D) make participation in a 'secondary boycott' unlawful. A secondary boycott occurs when two or more people act together to hinder or prevent the supply of goods and services from one party to another party.
Secondary boycotts often occur in an industrial relations context. However, environmental activists should also be aware of s.45D, because the definition of secondary boycott is very broad, and can include routine actions taken by individuals and groups to protect the environment.
If the main purpose of your action is related to environmental protection or consumer protection, you will not be liable under s.45D. This is so whether your group is an incorporated association or not. Unfortunately, however, this exemption provides no protection to actions aimed at protecting other important social values, such as human rights or Aboriginal heritage.
From: Fact sheet: Defending Yourself C) 2004 Environmental Defender's Office (Ltd) NSW
Whistleblowing
Whistleblowers are those who sound the alert on scandal, danger, malpractice, or corruption.
A strict definition is: Whistleblowing is an act of dissent (loosely speaking). It is an open disclosure about significant wrongdoing made by a concerned citizen totally or predominantly motivated by notions of public interest, who has perceived the wrongdoing in a particular role and initiates the disclosure of her or his own free will, to a person or agency capable of investigating the complaint and facilitating the correction of wrongdoing.
Whistleblowers are often subject to suppression, but not always. Some individuals are subject to suppression even though they are not whistleblowers even in the loose sense. For example, individuals quietly adhering to unorthodox ideas may be subject to suppression.
Several Australian governments have introduced or are considering legislation to protect whistleblowers from reprisals. This sounds like an excellent idea, but it has severe limitations. The legislation can only cover certain types of individuals, typically public servants, and particular types of dissent. But many types of problems are hard to legislate against, such as subtle harassment campaigns and the blocking of appointments to higher positions.
Victorian Whistleblowers Protection Act 2001
The main objective of the Whistleblowers Protection Act 2001 (Vic) (the Act) is to encourage and facilitate the making of disclosures of improper conduct or detrimental action by public officers and public bodies in Victoria. The Act provides some protection to whistleblowers who make disclosures in accordance with the Act, and establishes a system for the matters disclosed to be investigated and for rectifying action to be taken.
For an explanatory guide to the working of the Act go to the Victorian Ombudsman site at http://www.ombudsman.vic.gov.au/ and go to Publications, Whistleblowers Protection Act 2001: Ombudsman's Guidelines.
Links and Resources
One of the best websites for support and information to start with is Brian Martin's Suppression of Dissent site which can be found at: http://www.uow.edu.au/arts/sts/bmartin/dissent/
For commentary on whistleblower legislation follow the links below:
William De Maria in his 2002 paper "Common law - common mistakes" analyses strengths and weaknesses of whistleblower laws from five countries. In another 2002 paper, "The Victorian Whistleblower Protection Act: patting the paws of corruption?" , he analyses the Victorian government's law.
Stuart Dawson discusses whistleblower legislation and related issues in his paper "Whistleblowing: a broad definition and some issues for Australia", published in 2000.
The Whistleblowers Handbook: How to be an effective resister by Brian Martin.
This definitive manual for people who speak out in the public interest tells you how to assess options, prepare for action, use official channels, build support and survive the experience. And it is filled with sample cases that show what can happen when you make the wrong assumptions or take the wrong actions. It can be found at: http://www.uow.edu.au/arts/sts/bmartin/pubs/99wh.html
Whistleblowers Australia Inc. is an association for those who have exposed corruption or any form of malpractice, especially if they were then hindered or abused, and for those who are thinking of exposing it, or who wish to support those who are doing so. http://www.whistleblowers.org.au/
Blockades
Nonviolent blockades are a very common and ancient method for people to intervene directly in an injustice occurring. Blockades have both symbolic and very practical aspects. They take many forms, from a line of people linking arms, sitting down, or standing up, to the use of physical barriers or devices such as tripods and chains.
In history, people have stood in front of tanks, bulldozers, cars and people in order to intervene directly. Blockades can occur around buildings or across roads. The legal aspects of a blockade are determined by its context, the place blockaded and the length of time the blockade lasts. Police may choose to tolerate a blockade, for instance, if it is only for a short period of time.
A very common charge for blockades of buildings in Victoria is besetting premises under section 52(1A) of the Summary Offences Act 1966 (Vic).
If the blockade occurs across a road or footpath, see: Obstruction. Trespass may also be applicable depending on where the blockade takes place.
See also Forest blockades and Road blockading.
Forest blockades
Blockades and other actions in the forests of Victoria have taken many forms, from physical human blockades to the use of tall tripods' (which were pioneered in Australia and are now used around the world) and a huge range of lock-on' devices which aim to slow the logging or clearing of forest or bushland areas.
There are a range of particular legal issues that are directly relevant for forest activists. These include:
- the charge of under section 95A of the Conservation, Forests and Lands Act 1987 (Vic) (CFLA)
- the specific powers of Department of Sustainability and Environment (DSE) Officers who can be designated as authorised officers under the CFLA. DSE officers also have limited powers of arrest under the Forests Act 1958 (Vic).
- the often isolated and high-risk nature of many forest based blockades and actions high levels of well organised activist safety and need to be in place.
See also: Legal Information for forest activists.
The best source of legal information and legal support for forest activists in Victoria is the organisation Lawyers For Forests, an association of legal professionals working to promote the conservation and better management of Australia's remaining native forests.
Lawyers For Forests
PO Box 550
Collins Street West
Melbourne 8007
By e-mail: lff@lawyersforforests.asn.au
www.lawyersforforests.asn.au
Road blockading
Critical Mass
Critical Mass is a global event on the last Friday of each month that involves huge numbers of cyclists riding home together in major cities around the world. More of a happening' than a standard political protest, Critical Mass claims to create a celebratory, festival of sustainable transport and act out a vision of car-fee urban transport systems. It also seeks to redefine the road space, challenging the definition of legitimate use of public space.
Critical Mass rides take place in most capital cities in Australia and often involve many hundreds of cyclists who highlight cycling as sustainable transport, educate car drivers about cyclist safety and create a political space for urban cyclists.
Critical Mass involves riding in a mass along often per-determined routes, leafleting cars, corking' (temporarily blockading) motorised vehicles at intersections for safety and riding through red lights in order for the mass to stay together. The edict of safety in numbers' is maintained by keeping the mass together and creating a car-free zone as the ride moves along.
In Melbourne, Critical Mass has enjoyed a high degree of tolerance from the Victoria Police over the past nine years and now has a unit of bicycle police accompanying the ride each month. Helmet and other bicycle riding offences are enforced on occasion. The careful creation of a party-like atmosphere on the Mass has resulted in very few altercations with motorists.
Other possible offences include despite the Mass's claim that We don't block traffic, we are traffic. Other traffic offences such as disobeying a traffic light are also possible. However, charges such as these have not been applied over nine years.
For detailed information about Critical Mass in Melbourne go to http://www.criticalmass.org.au/melbourne/
Street parties
Reclaim The Streets is a series of autonomous collectives who take over the streets and transform them from car traffic zones into free street festivals. Several Reclaim the Streets actions have occurred in various parts of metropolitan Melbourne since 1997. There have been very few arrests at these events.
Possible offences include obstructing traffic and other traffic offences; other charges may include unlawful assembly, besetting, riot or affray.
See the case studies of Melbourne and Adelaide Reclaim The Streets
For information and international links for Reclaim the Streets go to: http://www.reclaimthestreets.net/
Sit-ins or occupations
Sit-ins or occupations of property or premises may constitute criminal offences such as trespass , obstruction and besetting , and give rise to civil actions such as trespass.
Sit-ins or occupations will often mean facing private security guards before police arrive - see Powers of private security.
Squatting
Squatting is the act of making use of empty, disused and abandoned property. It allows people who cannot otherwise afford to rent or purchase a house or building to put an empty one to productive use.
Unlike in some other countries, there is no legal right to squat in empty, disused and abandoned property. For information about the law and squatting in Melbourne (much of the information will be useful for people in other parts of Australia as well) go to the No Frills Melbourne Squatters Guide at:
http://www.geocities.com/squattersguide/squat.html
 Other resources include: The SUWA show on Community Radio 3CR at: http://www.geocities.com/squattersairwaves/intro.html
The website of the United Nations Commissioner for Human Rights provides useful information on forced evictions and human rights.
Social centres
Social centres are an international activist initiative that aims to make use of self-managed space through autonomous decision-making. Social centres are the result of occupation movements that reappropriate property for activist and working class community space.
These kinds of squats are part of an international matrix of squatting movements with histories of supporting worker, peasant, student and community uprisings critical of private property systems and government power.
Again there is no legal right to occupy premises which are being used as a social centre.
For information about establishing social centres in Australia go to: SCAN Social Centre Autonomous Network at:
http://scan.dorja.com/scan/index.html
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