“A person has the right to assemble peacefully with others in a public place.” – Queensland Peaceful Assembly Act 1992
Nothing limits the power of a local authority to regulate pedestrian malls, roadways, footpaths etc but that power is subject to the right of peaceful assembly even if the public space is owned by a corporation or is regulated by local government. This is because those malls, carparks, footpaths and roadways are used by the public ‘as of right‘ (s 4 Queensland Peaceful Assembly Act 1992).
On 20 September 24, relieving Magistrate McKenzie ‘has refused a public assembly’ at Logan Central shopping centre outside Federal Treasurer Jim Chalmers office. Magistrate McKenzie’s order and his judgement are wrong. At 6:45am on 21 September Logan Police led by Snr Sgt Clinton Herman directed refugees that they could not have their protest outside Jim Chalmers office and gave them all move on orders. They, too, are wrong, and their orders were unlawful.
In response Mark Gillespie from the Refugee Action Collective said:
“It is day 33 of a peaceful protest of men, women and children who fled war and persecution from countries such as Bangladesh, Iran, Iraq, Pakistan and Sri Lanka.
Four male refugees were quietly protesting when surrounded by police who commenced issuing move-on orders to all of them.“
Police powers
Snr Sgt Clinton Herman has exaggerated the extent of police move on powers. He overlooks the fact that, under section 45 of the Police Powers and Responsibilities Act, a police officer cannot give a lawful ‘move on’ direction to a person who is participating in an authorised public assembly. Not withstanding relieving magistrate McKenzie’s order, proper notification was given to police by the applicant, Mark Gillespie. The protest assembly had implied consent by police because of its longevity (33 days).
Unlawful move on directions
Paper move-on directions were shown to the refugees containing blank details, but no paper was issued, and no reason was verbally given. – Mark Gillespie.
Many of the refugees are residents of the Logan district and are attempting to bring their plight to the attention of their local MP and to raise awareness amongst the general public.
Police have declared the protest to be unlawful despite it being peacefully conducted since 19 August 2024. This is wrong at law.
After 12 years and upwards languishing on bridging visas and some refugees being denied basic rights such as the right to work, health cover, tertiary education and trade apprenticeships, their situation is increasingly desperate. Many are wholly financially reliant on a meagre allowance supplied by the Red Cross or community groups – Refugee Action Collective collective spokesperson, Mark Gillespie said.
There are thousands of refugees with unresolved visa status in Australia and the Logan refugee protest coincides with others occurring around the country in cities such as Sydney, Melbourne, Adelaide and Perth.
“It is important that those who have no voting rights, do not have the democratic freedom to protest also taken away from them” said Mark Gillespie of the Refugee Action Collective-Qld. “They are some of the most disadvantaged members of our community and it is paramount that they may have their voices heard.”
The refugees are determined to keep fighting for their rights. They will be back in court on Monday to fight for their right to protest government refusal to allow them permanent protection.
For more information 📞 Mark Gillespie on 0439 561 196
Ian Curr
22 September 2024.