Peaceful Purpose training
a resource for environmental activists based in south australia

public assembly

 public assembly

If you wish to hold an assembly, convention, gathering or procession, you can seek the protection of the Public Assemblies Act 1972 (PA Act) which provides for the orderly conduct of assemblies and processions in public places and exempts participants from laws that might otherwise apply in a public place. A public place is defined as: 

(a) a place to which free access is permitted to the public with the express or implied consent of the owner or occupier of that place; and

(b) any road, street, footway, court, alley or thoroughfare to which free access is permitted to the public whether or not the road, street, footway, court, alley or thoroughfare is on private property.

Note that gathering in private premises such as a shopping centre is not a "public assembly" and may become a trespass if people are asked to leave and do not comply. 

The PA Act exempts participants acting in accordance with an approved proposal for any assembly, convention, gathering or procession from the effect of any laws which might otherwise apply in that “public place”. 

Without approval of the assembly under the PA Act, the usual laws relating to trespass, road usage and so forth apply, and participants may be charged with criminal offences or be subject to civil liability as a result of their actions. While the PA Act does not require an organiser to give notice of a proposed assembly under the PA Act, a decision not to do so leaves participants vulnerable to the usual laws. 

Although this is not the forum to analyse this issue, arguably the scheme established by the PA Act limits the human right of freedom of assembly laid out in the International Covenant on Civil and Political Rights, to which Australia is a party. Article 21 of the ICCPR states: 

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

The onus of giving notice of an assembly, while not mandatory, arguably restricts the right of peaceful assembly. It implies that protections will be afforded only if the assembly has been approved by the State.

The details

As stated, it is not mandatory to give notice of a proposed assembly. However, if you choose to give notice of a proposed assembly, the contents of the notice should include the following information:

  • The date of the assembly; 

  • The time at which the assembly will convene and the time at which it will disband; 

  • The place the assembly will be held, and the boundaries of the area to be occupied by the assembly, or if it is to move in procession, the route that it will follow, the extent to which it will occupy the public places through which it will pass, the places (if any) at which it will halt and the time for which it will remain stationary in each such place; 

  • The name and address of the person by whom the notice is given; 

  • The name of the person or body of persons by whom the assembly is being, or is to be, organised; 

  • The purpose of the assembly; and

  • An estimate of the number of persons who will participate in the assembly. 

The proposals and information must be given with as much detail as is reasonably practicable.

The notice must be served personally or by post to the Commissioner of Police or the clerk of the relevant municipal council. (While the PA Act also allows service on the “Chief Secretary”, it appears that this role no longer exists in South Australia.) 

If two or more notices are given in respect of the same assembly, only one of the notices is valid and effective, as determined by authorities.

The recipient of the notice may make, or have made on their behalf, an objection to any proposal contained in the notice on the ground that it would unduly prejudice any public interest if carried out.

A copy of the objection must be served at least two days before the proposed date of the assembly upon the person who gave notice of the assembly and must be published at least two days before the date of the assembly on a website determined by the Minister, in a newspaper circulating generally throughout the State, or in such other manner as to ensure as far as reasonably practicable that prior to the assembly, it will come to the attention of those who intend to participate in the assembly.

If an objection is made to a proposal under the PA Act, any person who wishes to participate in the proposed assembly may apply to a Judge for a determination. The Judge may quash the objection or may approve other proposals submitted at or before the hearing. Proceedings before the Judge may be informal.

Where an assembly conforms with approved proposals, participants who act in conformity with the proposal do not incur any civil or criminal liability by reason of obstruction of a public place.

PARLIAMENT HOUSE

For more information, visit SA Parliament’s Rallies or Demonstrations.

Last revised: March 2023