I will be speaking to the issue of Public Place and Events
One of the items proposed to be changed is the definition of Public Place.
The old definition of meant
“any land owned, leased, vested in, managed or occupied by Council and includes:
(a) roads and road reserves;
(b) reserves for recreational purposes; and
(c) any place prescribed to be a public place for the purposes of this local law.”
4 lines of text
When you look at the new draft local laws, the definition simply says:
“Public place has the same meaning as the Summary Offences Act 1966.”
But they don’t say what that is. Its not on the document or anywhere on the website.
So when I asked the Safety department for the definition here’s what they sent me. 27 lines of text.
Definition of Public Place
| 2009 Local Law No. 2 (Old law) | 2019 Proposed Draft Local Law No. 2 (proposed new law) |
|---|---|
| Public place” means any land owned, leased, vested in, managed or occupied by
Council and includes: (a) roads and road reserves; (b) reserves for recreational purposes; and (c) any place prescribed to be a public place for the purposes of this local law.
|
The definition of Public Place is as follows:
“public place” includes and applies to— (a) any public highway road street bridge footway footpath court alley passage or thoroughfare notwithstanding that it may be formed on private property; (b) any park garden reserve or other place of public recreation or resort; (c) any railway station platform or carriage; (d) any wharf pier or jetty; (e) any passenger ship or boat plying for hire; (f) any public vehicle plying for hire; (g) any church or chapel open to the public or any other building where divine service is being publicly held; (h) any Government school or the land or premises in connexion therewith; (i) any public hall theatre or room while members of the public are in attendance at, or are assembling for or departing from, a public entertainment or meeting therein; (j) any market; (k) any auction room or mart or place while a sale by auction is there proceeding; (l) any licensed premises or authorised premises within the meaning of the Liquor Control Reform Act 1998 ; (m) any race-course cricket ground football ground or other such place while members of the public are present or are permitted to have access thereto whether with or without payment for admission; (n) any place of public resort; (o) any open place to which the public whether upon or without payment for admittance have or are permitted to have access; or (p) any public place within the meaning of the words “public place” whether by virtue of this Act or otherwise; |
Now I wonder why they didn’t print that in full in the draft document for all of us citizens to read?
But here’s where it gets interesting. The next definition to change is that of “Event”
Previously it stated
“Unless in accordance with a permit, a person must not conduct a festival, carnival, circus, parade or other similar activity in a public place. ‘
Now it says:
2.5.1 A person must not, without a permit, conduct a festival, carnival, circus, parade or other similar activity in a public place.
2.5.2 A person, must not, without a permit, hold a street party, festival, procession, or event, in a public place.
So when we go to the new definition of event:
“Event” means an organised recreational, cultural, commercial or social gathering or people or set of inclusive activities undertaken at predetermined date/s and time/s on a temporary basis.
These event activities also tend to require effective management of potential detrimental impacts on the community and includes a procession, festival or street party
So a social gathering, or People is now an Event for which you need a permit.
So a social gathering in a licenced venue – ie: meeting your mates for a drink at the pub after work, is now an Event for which you need a permit.
A birthday party at the park, a school fete, a church choir practice, or family reunion at the lake. Now all require a permit.
Why is this a problem? You ask. Council will never chase this up. They’ll turn a blind eye because the workload for their staff would be horrendous.
So firstly why make the law if you’re going to ignore people who break it?
Secondly then it comes down to individual council officer’s interpretation which laws they will chose to enforce on which occasions.
Which is a) open to discrimination
And b) nullifies the purpose of a law – which is to be clear and fair to all.
And once it’s written into law – it can be enforced.
As I mentioned earlier, one council in Adelaide has already fined a mother for hiring a magician to perform at a local park for her son’s birthday party.
To be told you need a permit to meet mates at the pub is insulting in the least.
But even more concerning is the creeping attack on our civil rights to gather in public places. Our right to free assembly and peaceful protest is enshrined in the UN International Covenant of Civil and Political Rights 1966.
As our world changes the people’s voice is becoming increasingly important in holding governments to account. Peaceful protest is a vital key to true democracy and we should be wary of any attempts to rein it in.
0 Comments