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Cunneen, Chris --- "Public Order and the Sydney Olympics: Forget About the Right to Protest" [2000] IndigLawB 51; (2000) 5(1) Indigenous Law Bulletin 26


Public Order and the Sydney Olympics:
Forget About the Right to Protest

By Chris Cunneen

The raft of legislation which has been introduced during the lead-up to the Sydney 2000 Olympics achieves four things: it significantly infringes basic democratic rights of public protest, and freedom of movement and assembly; it dramatically increases the power of police and security guards in many of the most important public places in Sydney; it introduces wide ranging public order offences without safeguards or accountability against the abuse of power; and it has a legislative life-span well beyond the period in which the Olympics and Paralympics are scheduled to take place.

What is the Olympic’s security legislation which has drawn such concern? The legislation includes the Homebush Bay Operations Act 1999, the Security Industry (Olympic and Paralympic Games) Act 1999, the Sydney Harbour Foreshore Authority Regulation 1999 and the Olympic Arrangements Act 2000. Both the Homebush Bay Operations Act and the Sydney Harbour Foreshore Authority Regulation give rangers, police and officials authorised by the Olympic Coordination Authority (OCA) broad powers to remove people from particular public areas.[1] The Olympic Arrangements Act further extends these powers to areas around the Sydney central business district such as Martin Place, the Domain, Belmore Park and so on, which have been designated ‘live site’ areas, as well as areas within the ‘vicinity’ of these sites. These will be places where entertainment and live broadcasts of Olympic events will occur. Thus significant parts of Sydney, not just the site of Olympic sporting events, will be affected by the legislation.

Police and officials have extended powers covering specific Olympic sportsground areas. They can remove a person for contravening any provision of the regulations (including indecent language, offensive conduct, or for more general ticketing conditions which might for example prohibit bringing your own food and beverages). They can remove a person for trespass, causing annoyance or inconvenience. Reasonable force can be used and there is no requirement that the person first be requested or directed to leave.

Outside of the sportgrounds, police and officials still maintain extensive powers in the designated areas around Sydney. People can be requested to leave a public area if they cause annoyance or inconvenience or breach regulations which prohibit a range of activities from skateboarding and roller-skating, to collecting money, to using areas for sleeping overnight. Failure to obey the request constitutes an offence. Police or authorised officers are not required to provide evidence of their identity or give reasons for the request.

The Sydney Harbour Foreshore Authority Regulation also substantially changes the law in relation to protests and public assemblies. It is now an offence to protest within the area covered by the legislation unless the protest is authorised by the Sydney Harbour Foreshore Authority. The power is much more extensive than was previously available to police. The Authority can determine the time, days and other conditions for the protest and charge the organisers or participants. Unlike the more general legislation covering protests, the Authority does not need to apply to a court for an order prohibiting a protest or public assembly. In other words, the Authority’s decisions are not reviewable.

Such arbitrary power in relation to fundamental rights of assembly is indeed extraordinary. When combined with powers available to police and authorised persons, it is clear people can be requested to leave a range of areas as a method of breaking up peaceful assemblies or protests.

New South Wales already has quite draconian public order legislation with the Crimes Legislation Amendment (Police and Public Safety) Act which was introduced in 1998. The legislation allows police to direct people in public places to move on if the person’s behaviour or presence obstructs other people, constitutes harassment or intimidation of other people, or is likely to cause fear to another person. Failure to obey a direction from a police officer can lead to a fine of $220. The same legislation also allows police to search individuals for knives and other prohibited implements (such as scissors). In particular, Aboriginal communities in New South Wales have already been subject to widespread differential use of the legislation.[2] However, the legislation does not cover public protest within its ambit. There have been some meetings between Ray Jackson from the Indigenous Social Justice Association, Lyall Munro Jnr from the Metropolitan Land Council and other Indigenous people with police in command of the Olympic Park site (Homebush Bay) to discuss policing issues. According to Jackson, mention of the planned march by Indigenous people into the Olympic site received ‘apoplectic indignation’ from police and Olympic officials!

The legislation which has been introduced will have a direct impact on groups planning to protest either around the Olympic’s site or in the main public areas of Sydney. It is also legislation which unashamedly targets the activities of young people and the public presence of the poor and homeless. So will everything be back to normal post-Olympics? Well, not quite. The Olympic Arrangements Act stays in force until 31 December 2000, the Homebush Bay Operations Act is in force until 2002 and the Sydney Harbour Foreshore Authority Regulation is not up for review until 2005!

Chris Cunneen is a Professor at the University of Sydney Law School.


[1] The Olympic site at Homebush and Sydney ‘foreshores’ from Balmain to Potts Point including areas such as the Rocks, Circular Quay, around the Opera House and the Botanical Gardens.

[2] NSW Ombudsman, Policing Public Safety, Report under Section 6 of

the Crimes Legislation Amendment (Police & Public Safety) Act 1988 (NSW), Ombudsman's Office, Sydney (1999).


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