Council Red Tape Hinders Right to Protest in Australia 2026

Council red tape is significantly hindering the right to protest in Australia, according to a new report. The report, released on Wednesday, highlights how regional and urban councils are imposing burdensome requirements on protest organizers, such as demanding $20 million public liability insurance policies for rallies held on council land. This practice is raising concerns about the erosion of democratic freedoms.

The $20 Million Insurance Demand: A Case Study

In July, Mariella Gussoni, a 61-year-old activist, notified Bathurst Regional Council of her plan to hold a protest in a local park against the culling of brumbies in Kosciuszko National Park. The protest was part of nationwide rallies scheduled for August. In her email to the council, Gussoni mentioned that the event would include speakers and music, and she was unsure whether five or fifty people would attend.

The council responded with a letter stating that she could hold the protest only if she obtained a $20 million public liability insurance policy. The council also noted that it would not be liable for any loss or injury. Gussoni was nervous about the potential cost and implications of such a policy, which could be financially crippling for an individual organizer.

Report Findings: A Pattern of Obstruction

The report, co-authored by the Australian Democracy Network (ADN) and Deakin University’s Centre for Law as Protection, documents multiple incidents where councils have required protest organizers to obtain insurance for rallies on council land. It also raises concerns about the power of councils to issue financial penalties for public gatherings held without a permit.

These requirements, the report argues, create significant barriers to the right to protest, which is a fundamental democratic right. By imposing high insurance costs and permit requirements, councils are effectively stifling dissent and limiting public participation in democratic processes.

Comparison of Council Requirements Across Australia

The table below illustrates the variation in insurance requirements and permit processes across different councils, based on the report's findings:

Key Takeaways

• Council red tape, including high insurance demands, is hindering the right to protest in Australia.
• A report by ADN and Deakin University highlights numerous cases where councils imposed burdensome requirements.
• Such practices can deter individuals and small groups from organizing protests, undermining democratic participation.
• There is a need for consistent and fair regulations that protect both public safety and the right to protest.

Implications for Democracy

The right to protest is a cornerstone of any democratic society. When councils impose excessive insurance requirements, they create a chilling effect on free speech and assembly. This not only affects the organizers but also the broader community, as important issues may go unheard.

The report calls for a review of these practices to ensure that they are not used to suppress legitimate protests. It suggests that councils should work with organizers to find reasonable solutions that balance safety concerns with the right to demonstrate.

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