South Australian unions, human rights, legal and community groups are campaigning against the Labor government鈥檚 new draconian anti-protest laws, which passed the Legislative Assembly on May 18 with the Liberal鈥檚 support.
A 1000-strong protest on May 26 brought unions and community together and SA Unions are organising another for May 30 when they fear the bill will pass the Legislative Council.
The new Summary Offences (Obstruction of Public Places) Bill 2023 (SA) has the power to fine people up to $50,000 and 3 month鈥檚 jail for obstructing the free passage of a public place.
The current fine under the act is $750 (and no jail time) so this is an increase of 6000%.
There was no consultation on the bill which came in the day after Extinction Rebellion suspended themselves from a bridge and closed traffic for 90 minutes.
The Peter Malinauskas government claims the laws are a necessary response to Extinction Rebellion鈥檚 protests.
says they go much further than that. They have made聽a new charge 鈥 鈥渃ausing an obstruction聽in a public place鈥澛犫 very broad and poorly defined.
The unions have listed some of the activities that people could get people locked up and or fined: a peaceful community聽protest by workers, even if it does not obstruct entry to a worksite; a politician handing out flyers, who causes a member of the public to deviate from their course; a person who organises an event聽(whether or not they themselves attend)聽where an obstruction is caused by someone who attended; a homeless person who sleeps on a footpath; and someone carrying a couch across a road while moving house.
SA Unions said the anti-protest laws are 鈥渁 massive overreach and a mess of outrageous consequences鈥.
David Mejia-Canales, spokesperson for聽the Human Rights Law Centre said: 鈥淭wo days after the Malinauskas government told gas corporations that the state is at their service, the SA government is making good on its word by rushing through laws to limit the right of climate defenders and others to protest.
鈥淎ustralia鈥檚 democracy is stronger when people protest on issues they care about. But the SA government鈥檚 knee-jerk action in response to peaceful climate protestors at an annual fossil fuels conference, is yet another attack on people鈥檚 right to protest.
鈥淭he right to protest is fundamental to our democracy, from First Nations land rights to the eight-hour workday 鈥斅爌rotest has been crucial to achieving 聽many important social changes.
鈥淭his knee-jerk reaction by the SA government will undermine the ability of everyone in SA to exercise their right to peacefully protest, from young people marching for climate action to workers protesting for better conditions. The Legislative Council must reject this Bill.鈥
Minister for Energy and Mining Tom Koutsantonis told an Australian Petroleum Production and聽Exploration Association conference on May 15鈥18, outside of which there was peaceful protests,聽that his government is 鈥渁t your disposal鈥. He said: 鈥淲e cannot transform our economy to net zero without [the oil and gas] industry.鈥
A number of groups, including the Law Society of SA and the SA Bar Association, have joined the call for the bill to be stopped.
鈥淪outh Australians have a long and proud history of peaceful protest.
鈥淲hether it鈥檚 women鈥檚 suffrage, the eight-hour work day or decriminalising same-sex relationships, peaceful protests have shaped the South Australia we have today.
鈥淏ut right now the state government is putting our rights and freedoms at risk 鈥 The community deserves laws that are the result of deliberation and consultation, not policy on the run,鈥 the organisations said.
[Update: The bill became law on May 31 after an all-night sitting and 14-hour debate.]