Page 1672 - Week 06 - Wednesday, 18 May 1994
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PUBLIC ASSEMBLIES AND STREET OFFENCES
Community Law Reform Committee Issues Paper
MR CONNOLLY (Attorney-General and Minister for Health) (3.22): Madam Speaker, for the information of members, I present Community Law Reform Committee of the Australian Capital Territory Issues Paper No. 10 entitled "Public Assemblies and Street Offences", and I move:
That the Assembly takes note of the paper.
Madam Speaker, the two issues of public demonstrations and behaviour in Canberra's public places have been of perennial concern in the ACT. Proposals for the reform of the law of public assemblies were frequently examined by the Commonwealth Executive before self-government, often in the context of particular demonstrations. Street offences have been a frequent topic of debate in this forum since self-government. Although these issues have previously been considered separately, it has become clear that they are not distinct but interrelated. This is because the scope of any freedom to assemble in public is determined by the existence of general laws regulating street behaviour. The close practical relationship of the two areas of law was illustrated during the Aidex demonstration, where some demonstrators were charged with summary street offences. I asked the committee to examine the issues concurrently to enable a broadly based, balanced review.
The issues paper points out that Australia, as a signatory to the International Covenant on Civil and Political Rights, is required to recognise the right of peaceful assembly. In the ACT, and in a number of other Australian jurisdictions, the right of peaceful assembly has not been given statutory recognition. As a result, when the right of persons to participate in a public assembly is in conflict with the right of others to use the street without hindrance, for example, the latter will prevail in court by default. The issues paper points out that behaviour at public assemblies is frequently regulated by summary offences laws. Those laws do not allow consideration of the fact that the offence at issue took place within a public assembly.
An important issue for the committee is, therefore, the achieving of an acceptable balance between the rights of participants in public assemblies and the right of others to use the streets of Canberra in safety and without unreasonable hindrance. The inquiry of the committee also extends to the examination of street offences in a broader context, including reforms recently proposed in this Assembly. The issues paper has attached to it a contribution from the Australian Federal Police, whose views represent, as it were, a front-line perspective on the subject.
I wish to take this opportunity to indicate to the Assembly that I am currently developing for the Government's consideration a package of amendments to the Liquor Act that will give effect to some of the police recommendations, including those relating to the confiscation of open containers of liquor and under-age persons on licensed premises. The package will also address the legislative requirements for the recently announced proof of age card scheme and allow for the restriction of the hours in which liquor can be sold for consumption away from the licensed premises - the takeaway liquor issue.
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