The Women Against Rape in War Collective’s protests against ANZAC Day in Sydney, 1983 and 1984

Burgmann, Meredith

doi:10.5130/ccs.v6i3.4222

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The Puzzle and The Signal Of The Permit Scheme1

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2022

2023

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“…In 1983, the silent and nonviolent procession was halted by a police line and eight paddy wagons. 223 Police deployed the Tactical Response Group and the Special Branch. 224 By loudhailer, a Chief Superintendent announced: application for a march has been before a court of law.…”

Section: The Puzzle and The Signal Of The Permit Schemementioning

confidence: 99%

Protest Before and During a Pandemic

Gordon¹

2022

Federal Law Review

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Liberal democracies have struggled recently with protecting freedom of speech and assembly during the COVID-19 pandemic. This is an old, general problem in new, specific guise. In Australia, the Supreme Court of New South Wales has been exercising a statutory jurisdiction to ‘authorise’ or ‘prohibit’ proposed public assemblies for 40 years. This article offers the first sustained analysis of the Court’s jurisprudence. After describing the operation of the statutory permit scheme and systematising the case law, this article critiques the Court’s jurisprudence from the perspective of free speech and freedom of assembly. It then argues that there is a puzzle at the heart of the legislative scheme: the conferral of a wide discretion the exercise of which produces a narrow legal order. This puzzle suggests that the legal effect of an authorising or prohibiting order does not exhaust its broader social significance.

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Section: The Puzzle and The Signal Of The Permit Schemementioning

confidence: 99%