Protect our democratic right to protest

CLIMATE BRIEFING
State governments across Australia have introduced laws that limit the right to protest, particularly targeting climate activists and other forms of civil disobedience. These laws impose harsh penalties for protests that disrupt public infrastructure or services, significantly curtailing the ability to engage in meaningful dissent. Despite growing concerns about climate change, governments have faced criticism for prioritising punitive measures over robust climate action. 
This climate briefing is part of our series of simple, easy-to-follow guides and email templates on big climate topics for Australia. They’re designed to help you get across the issues, feel more confident speaking up, and make it easy to send a message to your MP about the things you care about.

Background/context

A 2024 report by the Human Rights Law Centre claims people’s ability to come together freely and peacefully protest issues they care about is being steadily eroded in Australia. Protesting is one way communities can make their voices heard, raise public awareness, and facilitate changes. The right to protest is a central tenet of democracy. Thanks to courageous Australians protesting in decades past, we have workplace rights, voting rights and environmental protections. However, in recent years, NSW and other states have introduced laws targeting protest activities, particularly those that disrupt public infrastructure. In December 2024, Victoria proposed even stronger legislation. These laws often impose significant penalties, including heavy fines and jail terms, sparking criticism for undermining democratic freedoms.

Climate activists have been at the forefront of protests, using disruptive tactics to draw attention to inadequate climate policies. These actions, such as blocking roads or infrastructure, have been met with disproportionate responses, including harsh penalties. Governments argue these measures are necessary to maintain public order, while activists and human rights groups argue they stifle legitimate dissent. Australia has faced global and domestic criticism for its climate policies, often seen as inadequate to meet the Paris Agreement targets. Thus, protest movements have emerged in response to perceived government inaction, advocating for stronger measures to combat climate change.

Australia's lack of a federal Human Rights Act that includes comprehensive legal protections leaves human rights safeguards fragmented and inconsistent. The right to protest is a cornerstone of democracy and must be safeguarded to ensure accountability and freedom of expression.

Why is this important?

  • Protests have been a catalyst for major social and environmental policy changes globally and in Australia. (E.g. Indigenous land rights movements and marriage equality campaigns)
  • Protests bring visibility to the inadequacies of current policies and amplify the voices of marginalised communities most affected by climate change.
  • Recent anti-protest laws often disproportionately target environmental and social justice activists. This raises concerns about fairness and equality under the law.
  • Curtailing the right to protest can lead to an imbalance of power, where governments become less responsive to public concerns and less transparent.

Desired outcomes

  • Repeal laws that disproportionately restrict the right to protest, ensuring all Australians can engage in peaceful and meaningful demonstrations without fear of excessive penalties.
  • Minimise conflict between protesters, law enforcement, and governments by fostering open dialogue and ensuring non-violent avenues for public dissent.
  • Strengthen protections for protest rights at the federal level, possibly through the enactment of a Human Rights Act that explicitly safeguards freedoms of assembly and expression.
  • Incorporate feedback and demands from protest movements into climate policies, ensuring decisions reflect public concerns and scientific recommendations.

Who to contact: 

  • Your local Federal MP (check on this website if you’re unsure who that is)
  • Key Federal Ministers (addresses in link) including: Prime Minister Anthony Albanese; Environment and Water Minister Murray Watt; Climate and Energy Minister Chris Bowen; Resources Minister Madeleine King; Treasurer Jim Chalmers; Trade and Tourism Minister Don Farrell; Transport Minister, Catherine King; Assistant Minister for Climate Change and Energy, Josh Wilson
  • Federal Senate Crossbenchers (addresses in link)
  • Your local state MP

Questions to ask:

  • Will you act to repeal anti-protest state legislation? (State)
  • Will you direct police to allow peaceful protest? (State)
  • Will you support a federal human rights act? (Federal)

Resources

Actions you can take:

1. Email your MP or relevant Ministers: 

If you need some help getting started with your email, here is an example.

Please don’t copy it exactly - personalise it and tailor it to the MP you are writing to. I

n addition, when writing to a Minister or Shadow Minister, start by saying that you’re writing to them in their role as Minister for xxxx, otherwise they will probably just forward your email to your local MP.

The email suggestion below has two versions – one for state MPs and one for federal MPs. Please modify accordingly.

[MP name]

[Member for …. or  Minister for ….]

Dear …

[personal statement - who you are and why you care]

Peaceful protests are a fundamental aspect of democracy. The right to peaceful protest is protected by the implied freedom of political communication under the Australian Constitution. New laws to restrict the right to protest are not only unnecessary, they are undemocratic and undermine important civil, political and human rights.  

Given the climate crisis and ongoing extreme weather events, action on climate is more important than ever. The cost of not acting on climate change far outweighs any immediate economic cost. Australians have the right to protest in response to the seriousness of the climate crisis, which we know is devastating for our people, our country and our planet. 

I therefore ask:

State MPs 

  • Will you act to repeal state laws that infringe on the right to engage in peaceful protest? 
  • Prior to the repeal of such laws will you direct police to allow peaceful protests?

Federal MPs

  • Will you support and facilitate legislation to create a Federal Human Rights Act? 

I look forward to your response.

Sincerely,

Name

Address

Phone

(Note: your contact details are required if you want a reply)

2. Call your MP or Minister

Here is a suggested script to get you started.

Hi, my name is ….. and I’m a voter in [your electorate].

I’d like to speak to …..[name of MP]

(Staffer will probably say: I’m sorry they’re not available, can I take a message?)

Yes, thank you! Would you please pass on my message and tell them I’m worried about…. (use points from the briefing above)

And ask them to …. (see desired outcomes above)

Thank you!

3. Visit your MP

Nothing beats a face-to-face conversation. Email your MP’s electorate office to ask for a meeting and follow up with a phone call a few days later. Get help on how to do this under the Democracy and Governance heading on our Climate briefings webpage.

(Last updated March 2025)

 

 Did you know...?

HOLDING OUR ELECTED REPRESENTATIVES ACCOUNTABLE

Citizen democracy

Citizen democracy refers to the active participation of citizens in democratic processes beyond just voting. We vote in regular state, federal, and local elections, but also have the opportunity to engage in democracy through petitions, public consultations, peaceful protests, and dialogue with elected representatives. Compulsory voting ensures high electoral participation, but citizen democracy builds on this to ensure participation in every stage of the political process. Australia’s democratic system encourages freedom of speech, the right to protest, and open access to information, which allows citizens to influence policies, hold leaders accountable, and contributing to shaping laws and decisions that affect their lives. If you'd like to learn more about engaging with your Members of Parliament check out our training events and our climate briefings resources page to help you get started.


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We acknowledge the Traditional Custodians of Country throughout Australia, whose sovereignty was never ceded. We acknowledge that Indigenous peoples around the world are at the forefront of climate change, both in experiencing its effects and leading solutions for change. We pay our sincerest respects to all Elders, past and present.