The Principle of Legality and the Judicial Protection of Rights — Evans V New South Wales

Abstract

Federal Law Review Volume 37 ____________________________________________________________________________________ planning, coordination and delivery of government services in relation to World Youth Day 2008 and related events; and for other purposes. The applicants-the 'No to Pope Coalition'-were an organisation 'of persons and groups … opposed to the teachings of the Catholic Church on sexuality, contraception and reproductive rights.' 2 The Coalition planned to peacefully confront the participants during World Youth Day events to communicate their concerns on these matters. In order to do so, they wanted to provide the pilgrims with 'items including tshirts, leaflets, flyers, stickers, condoms and coat-hangers. The coat-hangers [were] intended to symbolise the death of women from "backyard" abortions.' 3 It was the concern of the applicants that the Act and, in particular, the WYD Regulation, would prohibit them from distributing these materials and therefore preclude their planned protest. Section 46 of the Act prohibited the selling and distributing of 'prescribed articles' in areas controlled by the World Youth Day Coordination Authority 4 and the impugned clauses of the WYD Regulation read as follows: Clause 4 (1) For the purposes of the definition of "prescribed article" in section 46 (10) of the Act, the following classes of articles are prescribed: (a) items of food and drink, (b) religious items (for example, rosary beads, candles, candle holders, prayer tokens and prayer cards), (c) items of apparel, including headwear, (for example, t-shirts, jumpers, jackets, pants, pyjamas, singlets, tank tops, shorts, wet weather jackets, caps, visors and hats), (d) clothing accessories (for example, scarves, bandannas, socks, shoes and thongs), (e) jewellery, (f) giftware (for example, key rings, lapel pins, zipper pulls, magnets, removable tattoos, button badges, wristbands, mobile phone accessories, computer accessories, sunglasses, stickers and photo frames), (g) hard goods (for example, bottles, mugs, plates, spoons, ceramics and umbrellas), (h) stationery, (i) textiles (for example, beach towels and tea towels), (j) philatelic and numismatic articles (for example, coins, postage stamps, envelopes and first day covers). _____________________________________________________________________________________ 2 Ibid 578. 3 Ibid 579. 4 Section 46(1) defined an Authority controlled area as any of the following areas: (a) the area comprising, or comprising and adjacent to, a transport facility or interchange or a World Youth Day venue or facility, being an area that is specified or described in an order of the Minister published in the Gazette, (b) a public place, or any part of a public place, that is within 500 metres of a transport facility or interchange or a World Youth Day venue or facility, being a public place, or part of a public place, that is shown on a map referred to in an order of the Minister published in the Gazette.