New law to give police power to refuse ‘hate’ protests
The Cook Government will introduce new laws to Parliament this week that aim to give WA Police the power to refuse a permit to protest if it is considered likely to promote hate.
According to the state government, the proposed bill aims to strike a balance between the right to protest while targeting behaviour including harassment, violence and intimidation.
Reasons to refuse a protest permit can be based on factors such as religion, race, disability, gender, sexuality or ethnicity.
The proposed bill extends WA’s prohibition on nazi symbols to representations of all organisations outlawed under Commonwealth legislation and will also apply to juveniles who display the symbols.
Face coverings worn in public to intimidate or cause apprehension in others will also be banned, with exemptions for health, occupational safety, religious, cultural or artistic purposes.
It will also become an offence to knowingly provide false or misleading information when applying for a protest permit.
Police Minister Reece Whitby said Western Australia has long enjoyed a tradition of having peaceful protests.
“We haven’t seen the type of aggression, the extremes of confrontations that we’ve seen on the East Coast, here in Perth,” he said.
“The WA Police work closely with the organisers of protests and assemblies to ensure that they are able to exercise their constitutional rights, in a safe and responsible manner.
“These laws will only continue to foster mutually respectful relationships between organisers, the Police and the wider WA community.”
WA Greens anti-racism spokesperson Sophie McNeill said her party held deep concerns about the proposal of the new bill.
“How will this be decided? Will protests against Israel’s genocide be banned? What about peaceful gatherings against visiting war criminals, like what took place last Monday night?,” McNeill said.
“The government says this legislation is aimed at Nazis, but if it is written too broadly it could be applied against any group at the will of the police and have concerning impacts on the freedom of speech and assembly.
“It is dangerous to rush through any sort of legislation that fundamentally impacts our basic democratic rights.”
The existing right to appeal permit rejections to the State Administrative Tribunal will remain as a safeguard to protect the right to demonstrate.
Premier Roger Cook said the proposed bill aims to promote social cohesion in Western Australia.
“What has been targeted by these laws today is behaviour that crosses the line into violence, harassment or intimidation,” he said.
“We will stand at nothing to make sure that Western Australia remains a safe and peaceful community where social cohesion is supported, not undermined by the activities of those who wish to spread hatred, violence or intimidation.”
The proposed Public Order Legislation Amendment Bill will be introduced at the first parliamentary sitting of the year on Tuesday.
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