Protest And Peaceful Assembly
Protest and peaceful assembly is a fundamental civil liberty.
This page will serve as a resource and repository for actions that may be considered to fit within the category of a protest or peaceful assembly, and provide some guidance as to what you need to do to comply with possible law enforcement or local government regulations.
Nothing here is considered to be advice or should be relied on, it just provides information that you can use as a base if you're planning an action.
Sydney
There is no obligation that you inform police of your protest or assembly, however it usually works to your advantage to do so. Having a co-operative relationship with both local government officials and the police from the outset make the whole process much easier - despite what you may think, they are there to assist you and will supply you with most of the information you need to know.
Inform the Police
To inform the police you should complete a Schedule 1, Form 1 under the Summary Offences Regulation 2010 provided by s23 of the Summary Offences Act 1988.
It is a simple form that declares in writing:
- an intention to hold a public assembly;
- the date on which the assembly is to take place;
- the particulars of the assembly and procession, stopping points etc;
- the purpose of the assembly;
- any other particulars regarding the assembly.
Submitting a Form 1 is beneficial in that:
- You will not have to provide Public Liability Insurance (PLI) for the action or area used (for instance, to use Hyde Park you must provide $10,000,000 PLI if it is an event, however by submitting a Form 1, there is no requirement for PLI as the police having been made aware, and will supervise the event.)
- The police cannot refuse a Form 1 - unless there is particular legislation regarding the venue you have chosen.
- To stop your action, the police must obtain an order from the NSW Supreme Court.
Further Reading
- Notice of Intention procedure for holding a rally or march: http://www.activistrightssydney.org/notice-of-intention-procedure.html