Brown v TasmaniaCitation:[2017] HCA 43Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:18 Oct 2017Case Number:H3/2016Read more

Brown v TasmaniaCitation:[2017] HCA 43Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:18 Oct 2017Case Number:H3/2016Read more

The Act imposes a burden on the implied freedom of political communication by restricting protest activity, and certain provisions are not reasonably appropriate and adapted to serve a legitimate end in a manner compatible with the maintenance of the constitutionally prescribed system of government.

Parties
Applicant: Plaintiffs; Respondent: State of Tasmania
Jurisdiction
Australia
Judgment Date
18 October 2017
Procedural Posture
Constitutional Petition / Judgment
Outcome
Certain provisions of the Workplaces (Protection from Protesters) Act 2014 (Tas) declared invalid.
Legal Topics
Implied Freedom of Political Communication, Protest Law, Standing, Proportionality
Constitutional Law Implied Freedom of Political Communication Protest Law Standing Proportionality

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiffs

Applicant

State of Tasmania

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the Workplaces (Protection from Protesters) Act 2014 (Tas) imposes an impermissible burden on the implied freedom of political communication
  2. 2 Whether the Act restricts otherwise lawful protest activity
  3. 3 Whether the plaintiffs have standing to challenge the validity of the Act

Ratio Decidendi

The Act imposes a burden on the implied freedom of political communication by restricting protest activity, and certain provisions are not reasonably appropriate and adapted to serve a legitimate end in a manner compatible with the maintenance of the constitutionally prescribed system of government.

Court Disposition

Certain provisions of the Workplaces (Protection from Protesters) Act 2014 (Tas) declared invalid.

Orders

  • Declaration that ss 6, 8, 11, 13 and Pt 4 of the Act are invalid to the extent of inconsistency with the implied freedom of political communication.