New WA laws to protect communities from hate

In the wake of the terror attack on an Invasion Day rally on January 26 the Western Australian Government is to give WA Police the power to refuse protest permits where rallies are likely to promote hate based on religion, race, disability, gender, sexuality, or ethnicity.

The Public Order Legislation Amendment Bill, which was introduced on Tuesday, marked that attack in Forrest Place and the attack in Bondi that killed members of Sydney’s Jewish community in December.

Key points

• New Public Order Legislation introduced in response to Perth and Bondi terror attacks
• Law gives police power to prevent community harm and intimidation with balance struck between peaceful protests and protecting public safety
• Government committed to building safe and inclusive communities through effective law reforms

“The Western Australia community has long practised peaceful protests and assemblies. We haven’t seen the type of aggression, violence, and confrontations that we have seen on the East Coast,” Police Minister Reece Whitby 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.”

Premier Roger Cook said giving police the powers to protect Western Australians from hate-fuelled protests was central to that commitment to building safe and inclusive communities.

Face coverings banned

“These laws maintain a balance between the preservation of the right to public assembly and banning protests which fuel division and hate in our community,” he said.

The Bill extends the prohibition to symbols of all organisations outlawed under Commonwealth legislation, including flags from terrorist organisations and will also apply to juveniles who display such symbols.

Face coverings worn in public to intimidate others or cause apprehension will be banned. There will be exemptions for health, religious, occupational safety, artistic or cultural reasons.

It will also become an offence to provide false or misleading information in a protest application knowingly.

Under the legislation public safety will become the primary consideration when police assess applications for demonstrations or protest marches.

WA’s existing right to appeal permit rejections to the State Administrative Tribunal will remain.