A Tale of Two Forms of Protest
The Legality of Protest in Victoria in the Time of COVID-19
DOI:
https://doi.org/10.15209/vulj.v10i1.1227Abstract
The COVID-19 pandemic triggered extraordinary legislative and executive responses across the globe. In 2020, the Victorian Government used, for the first time, powers in the Public Health and Wellbeing Act 2008 (Vic) to impose significant restrictions on the freedoms of the public. This article considers the powers to make directions under the Victorian regime and the potential relevance of the implied freedom of political communication in the Australian Constitution and the human rights protected by the Charter of Human Rights and Responsibilities Act 2006 (Vic). We conclude that some forms of protest activity may have remained lawful during the Victorian lockdowns, although the purpose of the protest activity and the manner of protest may be relevant considerations when adopting a Charter-consistent interpretation of the statutory provisions.
Downloads
Published
How to Cite
Issue
Section
License
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
