Tasmania passes bill that will 'better protect' workers – but why is it controversial?

On 25 May, Tasmania’s House of Assembly passed the Police Offences Amendment (Workplace Protection) Bill 2022 to give “better protection” for the state’s workers and workplaces. Businesses have shown their support, but why has it received backlash from some groups?

The bill is reportedly the Tas government’s fourth attempt to create the said legislation. According to the state’s Premier Jeremy Rockliff, it was born out of “listening to the needs” of businesses and employers against unlawful protests. The bill seeks to “strengthen” the law of trespass and obstruction, making it “more easy to understand and enforce.” Despite this, some groups fear that it might hinder some constitutional rights.

The state government has claimed that it targets to curb the consequences of unlawful protests in business affairs. “We have seen the impact of unlawful protests on businesses and their employees. It costs money, it creates risk, and it can cause stress for the workers. In some cases there is potential for physical harm,” Rockliff said in a media release. However, the Premier also assured the state’s public that the government respects the right to free speech and “the legislation will not put in place anything that will limit lawful protesting,” he said.

“This bill won’t stop lawful protests outside hospitals, schools or restrict those [who] wanted to make their views known on issues like climate change. It will not interrupt our democratic processes, and it will not limit people’s ability to contribute to the state’s political and regulatory decision-making,” Rockliff clarified. “Tasmanians will still be entitled to protest and have their say,” he said.

The Premier explained that the government wants to “protect Tasmanian workers and their right to earn a living.”

“Intimidating, threatening, and endangering employees is not acceptable, and we are pleased to have taken an important step to ensure our legislation is updated to stamp this out,” he said.

Criticisms against the bill

Meanwhile, The Australia Institute, a Canberra-based independent public policy think tank, has been vocal against the bill, citing its perceived dangers, such as creating penalties “up to four times higher than any currently in the legislation.”

“The Tasmanian Government’s attempt to restrict citizens’ right to protest is unnecessary and problematic,” the group said in its submission. It said that the bill gives “preference to businesses’ ability to carry out work over the right of people to protest by giving broad powers to police to arrest peaceful protestors and imposing harsh penalties.”

“These broad powers, and the history of the bill, raise questions as to whether it will continue to burden the implied freedom of political communication. The Australia Institute Tasmania recommends the government abandon this bill and instead respect the democratic right of citizens to protest,” it added.