Friends, Forwarded from Christine Howes: The EDO has produced a new fact sheet for activists on the Olympics and Protest. It gives a practical overview of: * what the laws are affecting protest, * how rights of protest have changed in NSW, * what activities are restricted, * who's policing the Olympics, * what your rights are as a protestor, * tips for protestors, and * how to get legal help. The sheet is available from the EDO's web site. Feel free to link your site to this publication, at http://www.edo.org.au/edonsw/publications/factsh/factsheet33a.htm Published by: Environmental Defender's Office Ltd (EDO). Publication Date: August 2000 Fact Sheet 33a: The Sydney Olympics and Protest This fact sheet reflects the law as at July 2000. Do not rely on this fact sheet as a substitute for getting your own independent legal advice. If you are arrested, or want to know your rights in a particular situation, you should see a solicitor. Sydney 2000 Olympic Games organisers have devised security plans for the Olympics to control the behaviour and movement of participants and spectators, and in particular, to address the risk of 'terrorism'. The NSW Parliament has passed new laws and regulations to help implement these plans. These laws drastically affect the way that democratic assembly, or protest, may take place in certain areas in the Sydney region. This Fact Sheet provides an overview of these laws for people who are considering organising or participating in non-violent direct action during the Sydney 2000 Olympic Games (the �Olympics�), and in protest generally in NSW. What laws affect protest during the Olympics? The Homebush Bay Operations Act and Regulation 1999, Sydney Harbour Foreshore Authority Act 1998 and Regulation 1999, and Olympic Arrangements Act 2000 create new public order offences in the geographical areas in which they operate, and grant broad powers to Olympics officials and police officers. They give the Olympic Coordination Authority (OCA) powers to control activities at Olympic venues, including venues at Homebush Bay, Bankstown, Bondi and on Sydney Harbour. The OCA will control �Olympic Live Sites�, and areas adjacent to these sites. These sites cover most of the Sydney CBD, and include the Domain, Circular Quay, Martin Place, Darling Harbour and Belmore Park. The Homebush Bay Operations Act and Regulation 1999 provide for the development, management and regulation of certain land at Homebush Bay. It applies to the Homebush Bay area and Olympic event sites. The Act and Regulation are in operation now, and will remain in operation until 31 March 2002. The Sydney Harbour Foreshore Authority Act 1998 and Regulation 1999 restrict activities, during certain periods, in the �Sydney Harbour Foreshore� area, which includes: Garden Island, Woollomooloo Bay, and Walsh Bay, Circular Quay, including First Fleet Park, Darling Harbour, Cockle Bay, and a large area of Pyrmont and Ultimo, Glebe�s container terminal area, and the Australian Technology Park area in Redfern. The regulation is in operation now, and will remain in operation after the Olympics, until the regulations are reviewed in 2004 (unless amended earlier). The Olympic Arrangements Act 2000 extends the powers of the Homebush Bay Operations Act to official Olympic venues and Olympic Live Sites. The law is in operation now, and will remain in operation until 31 December 2000, although some sections only operate for the "Games Period" from 2 September 2000 until 29 October 2000. The right to protest Under the Summary Offences Act 1988, any member of the public may apply for authorisation for an 'assembly', by submitting a notice of intention to the Commissioner of Police. Under this Act, there is no requirement to apply for an authorisation, nor is it an offence to participate in an unauthorised public assembly. This law recognises the general human right to hold a democratic assembly. However, under the Sydney Harbour Foreshore Authority Regulation, it is an offence to participate in or conduct a public assembly in specified areas of the Sydney Harbour Foreshore without authorisation from the Sydney Harbour Foreshore Authority (maximum fine, $2200). The Authority can charge you a fee to hold an assembly, and may dictate when and how you may hold an assembly. �Move on� powers Under general NSW law, police cannot give move on directions to people involved in an apparently genuine protest or demonstration. They can normally only ask you to move on if you are obstructing, harassing, or intimidating others, or causing fear, and they must give you a reason for the order. However, under the Sydney Harbour Foreshore Authority Regulation and Homebush Bay Regulation, police, rangers and authorised officers can direct that you 'move on', or stop doing an activity in a Sydney Harbour Foreshore area, if they believe that you are causing "annoyance or inconvenience" or are breaching these regulations. Only one warning is necessary. If you refuse, they may use reasonable force to remove you and you could be fined up to $2,200. Authorised officers and police officers can exercise even broader powers at Olympic venues. At these venues, authorised officers or police officers can remove a person from the sports ground without giving a warning or reason, and may use reasonable force if necessary. This power is to prevent the disruption to Olympic events, and so would only apply to general protest if it is likely to cause such a disruption. The OCA has the power to restrict access to public spaces that will be used as Olympic sites. Restricted activities Some activities will be prohibited in certain Sydney Harbour Foreshore and Homebush Bay areas during the Olympics, including: erecting anything resembling a sign, distributing or displaying advertising matter, including political and religious information (information on clothing or �vehicles� are exempt from this restriction), using a loudspeaker or broadcasting equipment, using any kind of camera for a �commerce� purpose (including for documentaries), erecting temporary structures, climbing any structures or trees, obstructing a person�s work, and collecting or attempting to collect money. If you commit an offence, you may be given an on-the-spot fine (like you would for a traffic offence) of $100 to $150. If you are arrested, you could face up to a $2200 fine. The OCA can also confiscate any unauthorised article (eg. banners or loudspeakers). Where do these laws apply? These laws apply to many sites around Sydney that will be used as Olympic venues or for related Olympic activities. In particular, some areas in the so-called 'Sydney Harbour Foreshore' are actually several kilometres from the Harbour. It is highly recommended that anyone planning a protest check the special maps available that highlight where restrictions apply during the Olympics. These are available from the Department of Urban Affairs and Planning (Governor Macquarie Tower, cnr Phillip & Bent Sts) or can be viewed at the State Library. Copies are also available for viewing at the Environmental Defender's Office. Once you have checked the maps to see if they affect the area where you plan to hold your protest, get some legal advice on the restrictions that apply to that area and the powers of the various officials operating in that area. Who will be policing the Olympics? The Olympic Security Command Centre (OSCC) is responsible for coordinating Olympic security, under the control of the NSW Police Service. The OSCC will use police officers, contracted private security guards, and Olympic volunteers to police relevant areas. Olympic volunteers include members of the Rural Fire Service and State Emergency Service. The OCA has stated that these volunteers will not be used to control public order, except in emergencies. At Homebush Bay and other Olympic sites, police, �enforcement officers� and �officers authorised by the OCA� will have public order and other special powers. In Sydney Harbour Foreshore areas, Sydney Harbour Foreshore Authority rangers and the police will enforce public order. None of the laws covering the Olympics specifies any qualifications or training for 'authorised officers'. They might not be wearing uniforms. They are required to carry an ID card, to be shown on request. It is not clear in the legislation what the actual powers and duties of private security guards may be. It may depend on the type of licence they hold. There is also a power to invoke �military aid to civil power�. This means that the OCA may call in the Armed Forces to assist if it believes there is a �terrorist� threat. The bulk of the military�s Special Forces will be on 24 hour, 10-minute notice at four sites in Sydney during the Olympics. Security and military personnel from other countries, including the US and Israel, may also be present to protect foreign political leaders attending the Olympics. Your rights Do I have to provide identification? Yes. If asked by a police officer or an authorised officer you must state your name and address if the officer suspects you have committed an offence. It is against the law to refuse to identify yourself, and failure to do so can result in a fine of up to $2200. If you have been removed from a sports ground, your photograph can be taken and kept by the OCA. Other general situations where you must state your name and address include if: you are arrested, police believe you may be a witness to a serious crime, you are under 18 years of age and police suspect you of carrying or consuming alcohol in public, you are driving a motor vehicle, and you have been involved in an accident, or committed a traffic offence or you unreasonably refuse a breath test. Do I have to answer police questions? No. Police have a right to ask you questions, but you do not have to answer them except in those situations where you must state your name and address. If you are suspected of a crime and have been detained by police, it may not be in your interest to answer police questions. The reason that police ask questions is to obtain additional information before making an arrest. Remember that no conversation is 'off the record'. If you are detained or arrested you are entitled to seek legal advice, and it is inadvisable to make any statement to police or any authorised officer until you get legal advice. Can police search me? Police already have the power to search you under certain circumstances, for example, if you have been arrested, if they reasonably suspect you to be carrying illegal drugs or stolen property, or if they �reasonably suspect� you to have a knife or a dangerous implement. Authorised officers will also have some search powers during the Olympics, such as the power to search bags. Some tips for protesters Organising for protest: Apply to the relevant authority for a permit to hold an assembly. You may be pleasantly surprised. Make sure you understand what restrictions apply to the area where you intend to hold your protest, and what offences and penalties apply. Make sure that people participating in your protest also have this information, so they are prepared for security action in response to your event and can make personal decisions about their level of involvement in the protest (for example, if they wish to avoid arrest situations). At the protest: Have a �buddy� - someone you trust to keep an eye on you and vice versa. Buddies should make sure they know where you are, get help if you are detained or arrested, and can act as a witness for you. Look after your fellow protestors: are people being separated; are police weapons being used; are people being detained and questioned; are people being arrested; which police station they are being taken to; do they have legal representation? If you witness an incident that you are concerned about, for example, if you believe an authorised officer is acting beyond their authority or if someone has been assaulted, make sure you record all details that could be used to make a complaint. Record details such as the time and exact location of the incident, the names or identifying details of those involved, and details of what you witnessed. Don't take drugs, alcohol or anything that could be judged to be a weapon (eg a large bunches of keys) to a protest. Do take the contact details for legal advice with you (see below for suggestions). Remember that most free legal advice services only operate on weekdays during business hours. If you think that you�ll need legal advice on the day, try and arrange this beforehand. Remember that these laws will be enforced by some people who might not be trained or qualified, and have no experience in dealing with public order. This makes it is particularly important to look out for your safety and the safety of others. After the protest: Many Sydney Courts will be closed during the Olympics. Court cases requiring police witnesses will be heard after the Games are over. If you are arrested and charged, the police will consider whether to grant you bail. If bail is refused by the police your matter will be dealt with by the court at a bail hearing. A duty solicitor is normally available at the court to act for people on low incomes. If you have concerns about the behaviour of police or authorised officers, ask for their identity and information about the police station or other office (such as the OCA) they belong to. Contact that station or office to make your concerns known. If you are not happy with the response given, you can take up your concerns with the NSW Ombudsman (see contact details below). The NSW Ombudsman has powers to investigate the behaviour of the NSW Police Force and of volunteers associated with the Olympics. If you are concerned about the behaviour of other authorised officers and have not received a satisfactory response from the OCA, the Ombudsman�s office may investigate some aspects of complaints procedures in contracts between private security guards and the OCA. Further Help and Information Publications Some tips for making a complaint, Problems with Police and Problems in detention booklets (free), NSW Ombudsman's Office A Guide to Non-Violent Action, the Environment and the Law, Environmental Defender's Office, 1998, $15. A practical guide for protest, including planning for non-violent action, legal threats, and going to court. Organisations For free initial legal advice, contact: Legal Aid Helpline, Tel 1800 806 913. Hours: Monday to Friday, 9am to 5pm. Legal Aid Hotline for Under 18's, Tel 1800 101 810. Hours: Monday to Friday, 9am to 5pm, Saturday and Sunday, Midday to Midnight. Environmental Defender's Office, Ph: 02 9262 6989, Hours: Monday to Friday, 9am to 5pm. The Law Society's Community Assistance Helpline, Ph: 02 9373 7300. Hours: Monday to Friday, 9am to 5pm. The Law Society can also assist in locating private solicitors who do legal aid work. Public Interest Advocacy Centre, for advice on taking civil legal action. Ph: 02 9299 7833 Aboriginal Legal Service, Ph: 02 9318 2122 Hours: Monday to Friday 8.30-5.30 or 24 hr advice for ATSI people in custody, Ph: 0407 701 153 The Community Legal Centre closest to you (look under Legal Centres (Community) in the phone book) NSW Ombudsman's Office Tel: (02) 9286 1000 or 1800 451 524 (outside Sydney). The Environmental Defender's Office (EDO) is a public interest community legal centre, specialising in environmental law. The EDO gratefully acknowledges materials and advice provided by the Public Interest Advocacy Centre in the production of this Fact Sheet. Environmental Defender's Office Ltd Level 9, 89 York St, Sydney 2000 Ph: 02 9262 6989, Fax: 9262 6998, [EMAIL PROTECTED] -- ********************************** 'Click' to protect the rainforest: Make the Rainforest Site your homepage! http://www.therainforestsite.com/ ********************************** ------------------------------------------------------ RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/ To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." 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