Council red tape is stymieing the right to protest, according to a report released on Wednesday by the Australian Democracy Network (ADN) and Deakin University’s Centre for Law as Protection. The report highlights how a regional New South Wales council required a protest organiser to obtain a $20 million public liability insurance policy to hold a rally in a park.

Context

The report raises concerns about incidents where councils mandate insurance for protests held on council land. It also points out the authority some regional and urban councils have to impose financial penalties if public gatherings occur without a permit.

In July, Mariella Gussoni informed the Bathurst Regional Council about her planned protest against the culling of brumbies in Kosciuszko National Park. In her email, which was reviewed by Guardian Australia, she mentioned that the protest would be part of nationwide rallies scheduled for August. The event was expected to feature speakers and music, although she was uncertain about the number of attendees.

Developments

The council responded with a letter stating that her protest could proceed only if she secured a $20 million public liability insurance policy, emphasizing that the council would not be liable for any loss or injury. Concerned about the implications and potential costs, the 61-year-old opted to hold the protest adjacent to the park instead. She notified the police of her intention to rally on the footpath, which is not council land, and reported that the event, attended by an estimated 120 people, went smoothly.

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“It scared me that I would be liable,” Gussoni said. “I had just let the council know as a courtesy.”

A spokesperson for the Bathurst council stated, “Council engaged with the event organisers at the time and won’t be providing any further comment on the matter.”