Workplaces (Protection from Protesters) Amendment Bill 2021 - Have your say
The Tasmanian Government is committed to providing opportunities for community involvement in the development of Government policy and we are seeking your input on the Workplaces (Protection from Protesters) Amendment Bill 2021 (the draft Bill).
The draft Bill aims to amend the Workplaces (Protection from Protesters) Act 2014 (the Act) to take account of matters raised by the High Court of Australia in the case of Brown and Another v State of Tasmania and provide protection for lawful business activities and workers.
The draft Bill proposes amending the Act in a number of ways, including by:
- Replacing most of the current Act with consolidated new provisions, renaming the Act Workplaces (Protection of Business and Workers) Act 2014
- Inserting a new Objects, providing the Bill’s object is to balance the rights of persons to carry on business and other rights such as lawful expression of opinion
- Inserting a new Application provision, so that the Bill Act does not apply to the extent, if any, that it would infringe any constitutional doctrine of implied freedom of political communication
- Introducing new offences for intentionally obstructing business activity, and increasing the threshold to substantial obstruction, with reduced maximum penalty levels in comparison to the current Act
- Inserting new exceptions and defences in addition to the current Act. The Bill now refers to certain industrial action, trade union activity, conduct under a permit, and a person is not taken to obstruct business activity by reason only of affecting public opinion
- Removing the Act’s references to protesters and protest activity
- Removing a number of offences
- Removing some police powers, including the power to direct persons to leave areas and not return and
- Simplifying powers of arrest.
The comment period for this consultation is now closed.
The submissions received are now available, other than those submissions, or parts of submission, which the Tasmanian Government Public Submissions Policy provides are not for publication. That includes submissions from exempt bodies; duplicate or updated submissions, personal, sensitive or offensive or defamatory information; information the submitter requested be confidential; information that does not substantively comment on relevant issues; or that would be exempt under the Right to Information Act 2009 or contrary to the Personal Information Protection Act 2004.
Other than indicated below, submissions will be treated as public information and will be published on this website.
Submissions will be published once consideration of the submissions has concluded.
No personal information other than an individual’s name or the organisation making a submission will be published.
For further information, please contact Strategic Legislation and Policy by email to Legislation.Development@justice.tas.gov.au or read the Tasmanian Government Public Submissions Policy (external link).
Important information to note
- Your name (or the name of the organisation) will be published unless you request otherwise.
- In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), the Department will treat the submission as public.
- If you would like your submission treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.
- Copyright in submissions remains with the author(s), not with the Tasmanian Government.
- The Department will not publish, in whole or in part, submissions containing defamatory or offensive material. If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.
Accessibility of submissions
The Government recognises that not all individuals or groups are equally placed to access and understand information. We are therefore committed to ensuring Government information is accessible and easily understood by people with diverse communication needs.
Where possible, please consider typing your submission in plain English and providing it in a format such as Microsoft Word or equivalent.
The Government cannot however take responsibility for the accessibility of documents provided by third parties.
The Right to Information Act 2009 and confidentiality
Information provided to the Government may be provided to an applicant under the provisions of the Right to Information Act 2009 (RTI). If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons may be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure. You may also be contacted to provide any further comment.