The Western Australian Government will introduce new public order legislation to Parliament this week aimed at increasing police powers to prevent intimidation, violence and hate-motivated conduct at protests and public assemblies.
The Public Order Legislation Amendment Bill, scheduled to be introduced on 17 February, would allow Police to refuse a permit for a protest or demonstration where it is likely to promote hate based on religion, race, disability, gender, sexuality or ethnicity. Public safety would be the primary consideration in assessing applications.
The Bill also extends existing prohibitions on Nazi symbols to cover symbols of all organisations outlawed under Commonwealth legislation, including terrorist organisations, and would apply those restrictions to juveniles for the first time.
Face coverings worn in public to intimidate or cause apprehension would be banned, with exemptions for health, occupational safety, religious, cultural and artistic purposes.
It would also become an offence to knowingly provide false or misleading information in a protest permit application.
Existing appeal rights to the State Administrative Tribunal for rejected permits would remain.
The Cook Government said the reforms build on existing hate speech laws and previous legislation banning Nazi symbols and are aimed at maintaining social cohesion while protecting the right to lawful assembly.
The Law Society of Western Australia was invited to an oral briefing on the Bill earlier this month. In a letter to the Government dated 4 February, the Law Society emphasised the need for meaningful consultation with the community on the legislation, including the specific text of the Bill, to assist Government in ensuring the laws are well drafted, fit for purpose and without unintended consequences.
