- Bob Brown challenges Tasmania's anti-protest laws in High Court
- 17/03/2016 Make a Comment
- Contributed by: Simon_P ( 9 articles in 2016 )
Former Australian Greens leader Bob Brown has issued a High Court challenge to the Tasmanian Government's anti-protest laws.
The legislation which passed Parliament in 2014 allows for on-the-spot fines and tougher penatlities for repeat offenders.
Mr Brown and a number of others were arrested and charged in January, under the new laws, for protesting against the logging of Lapoinya Forest in Tasmania's north west.
He issued the High Court challenge on the grounds the laws were contrary to the implied freedom of speech on government and political matters under the Australian constitution.
"I know that a challenge in the High Court can be a very expensive thing but I also know that a lot of people are worried about this legislation and the spread of it in other states," he said.
"The laws will, if not challenged, trap everybody who wants to take a stand against something that's manifestly wrong going on in our country."
Mr Brown said the Tasmanian Government promised the laws were not aimed at "mum and dad" protesters.
But he said "first up, they trapped a young mother and nurse who grew up in the Lapoinya area and a local grandfather".
Hobart solicitor Roland Brown said the High Court challenge was a test case.
"This case is unusual because it's seeking to have made invalid, or declared invalid, legislation that targets people's political belief and their opinion in relation to environmental, social, cultural and economic factors," he said.
Minister for State Growth, Matthew Groom said he was confident the Government's anti-protest laws would stand up to scrutiny in the High Court.
"We think they are good laws and appropriate laws," he said.
"It's up to Bob Brown in terms of any legal avenues that he may take but we feel confident that they will stand up to scrutiny in the High Court."
Mr Brown is due to appear in the Hobart Magistrate's Court on Friday.
The writ has been filed and the State Government has been notified.
The legislation which passed Parliament in 2014 allows for on-the-spot fines and tougher penatlities for repeat offenders.
Mr Brown and a number of others were arrested and charged in January, under the new laws, for protesting against the logging of Lapoinya Forest in Tasmania's north west.
He issued the High Court challenge on the grounds the laws were contrary to the implied freedom of speech on government and political matters under the Australian constitution.
"I know that a challenge in the High Court can be a very expensive thing but I also know that a lot of people are worried about this legislation and the spread of it in other states," he said.
"The laws will, if not challenged, trap everybody who wants to take a stand against something that's manifestly wrong going on in our country."
Mr Brown said the Tasmanian Government promised the laws were not aimed at "mum and dad" protesters.
But he said "first up, they trapped a young mother and nurse who grew up in the Lapoinya area and a local grandfather".
Hobart solicitor Roland Brown said the High Court challenge was a test case.
"This case is unusual because it's seeking to have made invalid, or declared invalid, legislation that targets people's political belief and their opinion in relation to environmental, social, cultural and economic factors," he said.
Minister for State Growth, Matthew Groom said he was confident the Government's anti-protest laws would stand up to scrutiny in the High Court.
"We think they are good laws and appropriate laws," he said.
"It's up to Bob Brown in terms of any legal avenues that he may take but we feel confident that they will stand up to scrutiny in the High Court."
Mr Brown is due to appear in the Hobart Magistrate's Court on Friday.
The writ has been filed and the State Government has been notified.
Source: https://www.abc.net.au/news/2016-03-10/bob-brown-flags-high-court-challenge-to-workplace-protest-laws/7236124
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