Council Red Tape Hinders Right to Protest in Australia 2026

Alicia Foster
Council Red Tape Hinders Right to Protest in Australia
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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.


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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.

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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: The background to this story is set out in NYC Small Business Owners Rejoice as Mamdani Cuts Red Tape. A related thread runs through New York Mayor Mamdani Cuts Red Tape for Small Businesses. Earlier coverage in NHS Red Tape Cut Could Prevent 20,000 Early Deaths Annually shows how the argument developed.

Council Insurance Requirement Permit Needed Penalties for Non-Compliance
Bathurst Regional Council $20 million public liability Yes Financial penalties
Example Council A $10 million public liability Yes Fines up to $5,000
Example Council B No insurance required No None specified

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. A closer look at the same subject appears in UK Politics: Slashing Red Tape Could Cut New House Costs by £50,000. Anyone following the wider picture can start with Apple Watch 10 turned out to be the most accurate device for counting calories, according to a study. The same theme surfaces in Far Right Normalisation in Germany Threatens Democracy, which takes a different angle.

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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. Context on how this played out before sits in East London Datacentre Approval Sparks Democracy Debate. A companion piece, Australia Investigates Detention of Activist in Vietnam, approaches the same subject from another angle.

FAQ

What is the right to protest in Australia?

The right to protest is a fundamental democratic freedom, allowing individuals to gather peacefully and express their views. It is protected under international human rights law and implied in the Australian Constitution.

Why are councils requiring public liability insurance for protests?

Councils often require insurance to mitigate potential liability for injuries or damages during public events on council land. However, the high costs can be prohibitive for protest organizers.

How can protesters challenge these requirements?

Protesters can seek legal advice, negotiate with councils, or advocate for policy changes. Organizations like the Australian Democracy Network provide resources and support.

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Alicia Foster

Author

Alicia Foster

Alicia is a trailblazer in luxury travel and all-inclusive resorts. Armed with a master's degree in Tourism Management, she has not only explored the hidden gems of the Caribbean, but has also collaborated with renowned hospitality brands. Her words are a gold mine for choosing the perfect accommodation.


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