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Slide 1
APEC – Sydney
September 2007
April 2006 – September 2007
Objectives:
Generally - To identify the inequalities in the laws, legal system, administrative practices and
society as a whole that affect our clients and disadvantaged people generally. To work for social
and legal change to remove those defects and inequalities and enhance respect for human
rights.
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To defend rights of free speech and freedom of assembly.
Provide representation to Sydney University students arrested protesting
Challenge unjust use of police powers, advocate for changes to legislation or police practices
Transfer of skills to stakeholders
Encourage peaceful non-violent and lawful conduct of protesters and police
Monitor security arrangements and any impact or conflict with civil and political rights
Kirrillie Moore
Senior Solicitor
Client Groups
Protesters
People who wished to actively
participate in protest marches.
Sydney University students and other
young people.
Citizens
People seeking information to
empower them to make informed
choices about their participation in
protest activities.
Vulnerable
Persons
People in the community who may
have been adversely affected by
APEC activities or police operations.
Case Work
(i)
Local Court Criminal matters involving other protests leading up
to APEC. Protests of 12 April 2006.
(ii)
APEC Act “Excluded persons” case
Constitutional (implied) freedom of political communication
Supreme Court + Court of Appeal
Padraic Gibson & v Commissioner of Police & Ors [2007]
NSWCA 251 (6 September 2007)
3 Pro Bono Counsel (including Senior Counsel)
(iii)
Ombudsman complaints re: NSW Police conduct
(iv)
Referrals to pro bono providers for representation in related
criminal matters
Legal Advice
Ongoing (telephone) legal advice to:
Protesters “known to police”, who were at the time facing
criminal charges, subject to search warrants or otherwise
under investigation, suspicion or “monitoring” in NSW and
other states.
Protesters who were planning to actively participate in
protest marches.
Protest organisers re: operation of Summary Offences Act
1988 and negotiating with NSW Police for “Authorised
Public Assemblies”
Research & Networking
(i) Legislation
• Analysis of the APEC Act (with the assistance of Pro Bono Counsel)
• Identification of the impact of legislation on protesters and other client groups eg vulnerable persons
(ii) Police Policy & Procedure
• Observation of Police “attitude” in the conduct of criminal matters
• Informal discussions with police
• Recording incidents reported by client groups involving NSW & Federal Police
• Monitoring Police & government media campaign – discouraging citizens from participating in protests aimed to
“Silence dissent” by referring to protesters as potential terrorists threats
 Participation in meetings with relevant stakeholders including the Police, the Dept of Attorney General, Legal Aid
Commission of NSW, the NSW Ombudsman, Members of Parliament and others to ensure that issues of process
and fairness to both those actively engaged in activities and those who might be caught up (eg homeless persons)
were identified and addressed.
(iii) Impact on Community
• Identifying community concerns regarding the proposed Police operation
• Identifying ways to raise awareness in the community of the impact of police & security operation
(iv) Liaising with Human Rights Monitors and Protest Organisers
(v) Raising awareness amongst other lawyers CLCs
Community Legal
Education
Content
• Information to empower citizens to make informed choices about their participation in
civil society including public debate and protest marches.• Operation of existing criminal laws & criminal justice system
• Analysis of APEC legislation
• Information from our research on likely Police actions
• Strategic & practical tips – how (not) to get arrested. Peaceful participation
(i) Protesters
Mostly young people including Sydney University & other students
(ii) “Activists”
People experienced in participating in street protests and direct action
(iii) Citizens
Citizens considering protesting for the first time
(iv) Human Rights Monitors
Media
No RLC media presence
Not in best interest of our clients
No benefit to RLC generally
David Marr
“His Master’s Voice: The corruption of public debate under Howard”
Quarterly Essay 26 1 June 2007
Published by Black Inc
Facilitation of meetings with protesters
Mainstream Media
Informal communications with major print media
Advising protesters (students) in dealing with media
Independent & Community media (CLE Topics)
Fly UP