High Court strikes down protest laws

“That burden has not been justified,’’ the justices said.

“[Sections] of the Workplaces (Protection from Protesters) Act 2014 in their operation in respect of forestry land or business access areas in relation to forestry land are invalid because they impermissibly burden the implied freedom of political communication contrary to the Commonwealth Constitution.”

The Justices described aspects of the Act’s operation as demonstrating “Pythonesque absurdity”.

The court found the sections of the laws which stopped protesters interfering with business premises were legitimate. It ordered the State of Tasmania to pay Dr Brown’s and Ms Hoyt’s costs.

“Today is a great day for the forests, wildlife and all of nature in Tasmania and around Australia, and a great day for the fundamental right of Australians to peaceful protest,” Dr Brown said.

“This judgment puts a brake on corporations wanting communities sidelined so they can plunder Tasmania’s unique and job-rich environment, not least its ancient rainforests and tall eucalypts. ”

Lawyer Roland Browne represented Dr Brown and Ms Hoyt, who was also arrested at Lapoinya, and described the verdict as a “landmark”.

“Tasmania has now had the ground rules laid down as to what is permissible and what is impermissible,” he said.

“This legislation is beyond redemption because the High Court has gutted most of it and declared it invalid.”

Ms Hoyt said she would marry her partner of 11 years in the forest next week.

“Nobody should be arrested for peacefully protesting and standing up for what they believe in and I’m just so grateful the legal system that we have in Australia has been able to hold the Government accountable,” she said.

“To think that something positive has come out of Lapoinya is really comforting, everybody has right to peacefully stand up for what their beliefs are.”

Civil Liberties Australia also welcomed the decision.

“The laws adopted by the Tasmanian Government were over the top and unnecessary and sought to stifle the rights of ordinary Tasmanians to protest about things that affect them and their communities,” Tasmanian spokesman Richard Griggs said.

Even before the decision, the laws had proven difficult for the Government — three years after they were passed, there had not been a successful prosecution under the Act.

Premier Will Hodgman said the Government would consider the High Court’s judgment but stood by its objective of stopping “extremist protesters” from entering workplaces.

“I am extremely disappointed at the High Court’s decision,” Mr Hodgman said.

“After the disastrous lockup of Tasmania’s forests under the Labor-Green government, the people of Tasmania voted to give the Liberal Govern- ment a mandate to implement the laws and protect jobs.

“We don’t resile from our commitment to make workplaces safe and unlock Tasmania’s forests to provide the industry with jobs and certainty heading into the future.”

Greens leader Cassy O’Connor has long condemned the laws.

“The Premier and his colleagues tried to silence dissent and stop peaceful protest in Tasmania.”

Shadow attorney-general Lara Giddings said the decision was an “embarrassing day” for the Government.