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FACT SHEET
WORKPLACES (PROTECTION FROM PROTESTORS) BILL 2014
This legislation is designed to implement the Tasmanian Government's election policy
commitment to introduce new laws to address illegal protest action in Tasmanian
workplaces.
The Bill creates new indictable offences under Tasmanian law.
The Bill does not seek to prohibit the right to peaceful protest.
It does seek to regulate inappropriate protest activity that impedes the ability of
businesses to lawfully generate wealth and create jobs
This Bill operates such that a person engaged in protest activity must not hinder,
obstruct or prevent business activity on business premises.
Business activity covers those businesses that operate on a commercial basis with the
intent to generate wealth and employment opportunities in Tasmania. This includes
government owned businesses, as well as private for profit businesses.
The Bill also defines what businesses premises are. This covers a range of industry
sectors within the economy, including forestry, mining, agriculture and manufacturing, as
well as vehicles, vessels and aircraft. The coverage of this Bill does not extend to
certain premises, including schools, hospitals and government offices.
The Bill provides that a protestor is a person engaging in protest activity on a road,
footpath, public place, business premises or business access area. Importantly the Bill
describes when a person is not engaging in protest activity.
Hence a person engaging in protected industrial action within the Commonwealth's Fair
Work Act 2009 or lawful industrial action undertaken by a State service officer or
employee is not taken to be engaging in protest activity for the purposes of this Bill.
The Bill's offences also address protest action that hinders, obstructs or prevents the
carrying out of business activity on a business access area. A business access area is
an area of land outside of the business premises reasonably necessary to enable
access to an entrance or exit from a business premises.
Under the Bill it will be an offence for a person engaging in protest activity to deliberately
enter a business premises with the intent of preventing the carrying out of business
activity on a business premises.
In addition, protestors undertaking an act with the intention of preventing, hindering or
obstructing entry to, or exit, from a business premises or a business access area may
also be guilty of an offence under this Act.
Additional offences are that a protestor must not do an act that would likely prevent,
hinder or obstruct entry to, or exit from, the business premises or business access area
related to that business premises.
Furthermore, a person must not do an act on a road, footpath, public place or another
area of land that prevents, hinders and obstructs the movement of a vehicle, vessel or
aircraft by a business occupier in relation to business premises.
There are further offences addressing damage to business premises or objects
belonging to, and in possession of, the business that are used for the purposes of the
business.
In addition it will be an offence to threaten damage to a business premises or a business
related object.
Consistent with the Government's election policy statement it will be an offence to incite
a person to commit offences under the Bill.
To implement the concept of an "on the spot" fine system for these new offences the Bill
provides for the issuing of infringement notices. The penalties set for an infringement
notice (set at $2000 for an individual) provide an incentive for the person to pay the fine
and elect not to take the matter to court. Should a person elect, however, to have the
charge heard by a court they risk having a higher level of penalty applied if convicted (in
the case of an individual the court penalty would be a minimum of $5000).
The Bill also provides police with the necessary enforcement powers, including a clear
power to demand proof of identity, to direct persons to leave a business premises or
related business access area, to remove obstructions and persons, as well as the power
to arrest (without warrant) and issue infringement notices.
In addition to providing that the offences are indictable, the Bill also requires that
convictions must be recorded and also includes provision for a court to make
compensation orders. Compensation extends to cover direct financial losses that might
be incurred by a business impacted by protest action, as well as compensation for
damage to business premises or equipment used by the business.
The court will also be able to order a convicted person to pay the Crown for the costs
incurred by police in any activity required to arrest or remove a person under the Bill, or
work that the police may have to undertake to make good any damage to any other non-
business premises land caused by the committing of an offence under the Bill.
The penalty provisions in the Bill are significant and include the mandatory imposition of
a minimum term of 3-months imprisonment for a second or subsequent offence of
invasion of, or hindrance at, business premises. Also pursuant to provisions of this Bill,
a court that finds a person guilty of an offence under the invading and damage
provisions is compelled to convict the person of the offence.
This Bill regulates protest activity to ensure that businesses and employees can go
about their legitimate commercial activities free from acts of obstruction, prevention or
hindrance.
This Bill sends a strong message to protest groups that intentionally disruptive protest
action that prevents or hinders lawful business activity is not acceptable to the broader
Tasmanian community.
The new laws will come into operation in the second half of this year.