Padraic Gibson & Ors v Commissioner of Police & Ors [2007] NSWCA 251

Padraic Gibson & Ors v Commissioner of Police & Ors [2007] NSWCA 251

The provisions for exclusion of persons from APEC security areas during the APEC period under the APEC Act are reasonably appropriate and adapted to serve the legitimate end of public safety and thus are compatible with the implied freedom of political communication; the legislation does not prohibit protests, only restricts entry for limited periods in designated areas for persons posing a risk.

Parties
First Plaintiff: Padraic Gibson; Second Plaintiff: Daniel Jones; Third Plaintiff: Daniel Robins; Fourth Plaintiff: Timothy Davis-Frank; First Defendant: Commissioner of Police; Second Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
06 September 2007
Procedural Posture
Constitutional Law Proceeding / Court of Appeal Determination Following Removal From Supreme Court Common Law Division
Outcome
Summons dismissed with costs.
Legal Topics
Implied Freedom of Political Communication, Validity of State Legislation, Exclusion From Security Areas
Constitutional Law Implied Freedom of Political Communication Validity of State Legislation Exclusion From Security Areas

Case Brief

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Parties

Padraic Gibson

First Plaintiff

Daniel Jones

Second Plaintiff

Daniel Robins

Third Plaintiff

Timothy Davis-Frank

Fourth Plaintiff

Commissioner of Police

First Defendant

State of New South Wales

Second Defendant

Procedural Posture

Constitutional Law Proceeding / Court of Appeal Determination Following Removal From Supreme Court Common Law Division

Legal Issues

  1. 1 Whether ss 24(1)(g) and 26 of the APEC Meeting (Police Powers) Act 2007 (NSW) are invalid as being contrary to the implied freedom of political communication in the Commonwealth Constitution

Ratio Decidendi

The provisions for exclusion of persons from APEC security areas during the APEC period under the APEC Act are reasonably appropriate and adapted to serve the legitimate end of public safety and thus are compatible with the implied freedom of political communication; the legislation does not prohibit protests, only restricts entry for limited periods in designated areas for persons posing a risk.

Court Disposition

Summons dismissed with costs.

Orders

  • The Summons is dismissed with costs.