THE state government's heavily amended protest legislation could be knocked down in a High Court challenge, according to one of Australia's leading constitutional lawyers. The Workplace (Protection from Protesters) Bill will come before the House of Assembly next week, where the majority Liberal government will pass its legislation into law. The law seeks to crack down on disruptive protests and workplace invasions, hitting those captured with hefty fines and repeat offenders with mandatory jail time. Professor George Williams said the bill could defy the constitution. "It's extremely rare to find a law that so directly targets political communication and political protests," Professor Williams said. "The difficult thing for the Tasmanian government is that some of the most important political communication occurs around workplaces. "These are exactly the activities that the implied freedom of political communication in the Australian Constitution is directed to protect," he said. Professor Williams said a High Court challenge would hinge on whether punishments under the laws were reasonable and proportionate. He said the removal of minimum fines and mandatory jail time may help the government to some extent. "The fact penalties have been adjusted may help demonstrate the laws adhere to these standards," he said. "But it doesn't change the underlying question of whether the laws go too far in targeting political communication." Professor Williams said only the High Court could determine whether the laws were constitutionally valid. "I'm not saying it will be struck down, nobody can know, but certainly very serious questions can be asked in the High Court," he said. "There's quite a reasonable chance of a challenge succeeding." But Resources Minister Paul Harriss said he was confident the bill would withstand a High Court challenge. "We are confident the Workplaces (Protection against Protesters) Bill will provide the protection law-abiding Tasmanian workers have long needed against radical protesters," he said. "Tasmania will have the strongest legislation in the country to protect the rights of workers to lawfully earn a living, while ensuring the right to free speech and legitimate protest is protected."
THE state government's heavily amended protest legislation could be knocked down in a High Court challenge, according to one of Australia's leading constitutional lawyers.
The Workplace (Protection from Protesters) Bill will come before the House of Assembly next week, where the majority Liberal government will pass its legislation into law.
The law seeks to crack down on disruptive protests and workplace invasions, hitting those captured with hefty fines and repeat offenders with mandatory jail time.
Professor George Williams said the bill could defy the constitution.
"It's extremely rare to find a law that so directly targets political communication and political protests," Professor Williams said.
"The difficult thing for the Tasmanian government is that some of the most important political communication occurs around workplaces.
"These are exactly the activities that the implied freedom of political communication in the Australian Constitution is directed to protect," he said.
Professor Williams said a High Court challenge would hinge on whether punishments under the laws were reasonable and proportionate.
He said the removal of minimum fines and mandatory jail time may help the government to some extent.
"The fact penalties have been adjusted may help demonstrate the laws adhere to these standards," he said.
"But it doesn't change the underlying question of whether the laws go too far in targeting political communication."
Professor Williams said only the High Court could determine whether the laws were constitutionally valid.
"I'm not saying it will be struck down, nobody can know, but certainly very serious questions can be asked in the High Court," he said.
"There's quite a reasonable chance of a challenge succeeding."
But Resources Minister Paul Harriss said he was confident the bill would withstand a High Court challenge.
"We are confident the Workplaces (Protection against Protesters) Bill will provide the protection law-abiding Tasmanian workers have long needed against radical protesters," he said.
"Tasmania will have the strongest legislation in the country to protect the rights of workers to lawfully earn a living, while ensuring the right to free speech and legitimate protest is protected."
