Court dumps WYD 'annoy' law

Two Sydney activists have won a Federal Court challenge to special World Youth Day laws which carry $5500 fines for annoying or inconveniencing pilgrims.

NoToPope Coalition members Rachel Evans and Amber Pike took the NSW government to court over the police powers granted for the month of July seeking a declaration that they were unconstitutional.

Justices Catherine Branson, Robert French and Margaret Stone today ruled the specific clause relating to annoying and inconveniencing pilgrims went beyond the intention of state parliament.

In 2006, the parliament passed the World Youth Day Act which allowed the World Youth Day Authority to pass the annoyance clause in 2008.

In dismissing the other points of the coalition's claim, Justice French found that parts of the act banning the sale of certain items including stickers, badges and T-shirts did not infringe upon the right to free political communication.

However, the judge said the annoyance clause was invalid because it could not have been the intention of parliament to make such vague and extensive limits to free speech.

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Youth Day laws 'crept up on us'
The state's community legal centres are calling for an inquiry into the expansion of police powers in New South Wales ahead of World Youth Day. The Combined Community Legal Centres Group has investigated the way new powers have been given to police by the State Government, especially for last year's APEC summit in Sydney.

Youth Day laws 'undermine basic rights'
The New South Wales Bar Association says new regulations for World Youth Day undermine basic rights and are an affront to freedom of speech. Under the new regulations, people who refuse to stop engaging in conduct that causes annoyance or inconvenience to pilgrims can be arrested and fined up to $5,500.

Tough police powers outlive APEC
CONTROVERSIAL powers granted to NSW police during last year's APEC summit are likely to be made permanent - or at least available to police for any special event - under a proposal to be taken to state cabinet. The powers made it possible to exclude people from certain zones during the Asia-Pacific Economic Co-operation summit in September. Police were given extraordinary rights to search people.

Youth Day laws 'crept up on us'

The state's community legal centres are calling for an inquiry into the expansion of police powers in New South Wales ahead of World Youth Day.

The Combined Community Legal Centres Group has investigated the way new powers have been given to police by the State Government, especially for last year's APEC summit in Sydney.

In a report to be released today, it warns the powers have often been introduced without sufficient debate and proper safeguards.

It warns the powers could also be used inappropriately during World Youth Day.

Shirley Southgate from the Kingsford Legal Centre says police have often been given new powers without sufficient debate or proper safeguards.

"It beggars belief that police are going to be able to consistently and sensibly enforce that," she said.

Ms Southgate says the regulation allowing police to fine people for annoying World Youth Day pilgrims is the latest example.

"They've kind of crept up on us, that stealthy derogation of these rights and freedoms, and the interpretation is not clear," she said.

"There's a great deal of uncertainty around them, so the effort in policing them is going to be massive I would imagine."

Related:

Youth Day laws 'undermine basic rights'
The New South Wales Bar Association says new regulations for World Youth Day undermine basic rights and are an affront to freedom of speech. Under the new regulations, people who refuse to stop engaging in conduct that causes annoyance or inconvenience to pilgrims can be arrested and fined up to $5,500.

Tough police powers outlive APEC
CONTROVERSIAL powers granted to NSW police during last year's APEC summit are likely to be made permanent - or at least available to police for any special event - under a proposal to be taken to state cabinet. The powers made it possible to exclude people from certain zones during the Asia-Pacific Economic Co-operation summit in September. Police were given extraordinary rights to search people.

Court challenge for WYD nuisance powers

The Council for Civil Liberties is preparing a court challenge against new fines for people who annoy or inconvenience pilgrims during Sydney's World Youth Day later this month.

The regulations empower police, firefighters and State Emergency Service (SES) volunteers to stop people who engage in conduct that causes annoyance or inconvenience to Catholic pilgrims during the week-long event.

People who do not comply could be arrested and face a fine of $5,500, but the SES says its volunteers do not want to enforce the rules.

Protest groups and civil libertarians fear the rules could lead to the confiscation of items such as placards and T-shirts bearing anti-World Youth Day slogans

The secretary of the New South Wales Council for Civil Liberties, Stephen Blanks, says the rules are absurd.

"They're counterproductive because they've produced the situation this week that now there are many groups who wish to use the Pope's visit as an occasion to protest against a wide variety of subjects," he said.

"That was not going to occur if the Government and the police had taken a sensible approach."

The council intends to bring the case to court next week.

Earlier today, SES director-general Philip McNamara said volunteers provided support at big events all the time without the extraordinary powers.

"Really, they're all about assisting the public to get to the right spot and doing that sort of thing, rather than having to be telling the public or directing or actually imposing fines on the public," he said.

"That's not what they are there for... It's all about for us making sure that World Youth Day participation for our volunteers is a very positive experience, where they have a good interaction with both the pilgrims and anybody else that's around.

"They just didn't need the powers that have been allocated."

The new World Youth Day rules cover 680 venues.

Related:

Youth Day laws 'undermine basic rights'
The New South Wales Bar Association says new regulations for World Youth Day undermine basic rights and are an affront to freedom of speech.

Youth Day laws 'undermine basic rights'

The New South Wales Bar Association says new regulations for World Youth Day undermine basic rights and are an affront to freedom of speech.

Under the new regulations, people who refuse to stop engaging in conduct that causes annoyance or inconvenience to pilgrims can be arrested and fined up to $5,500.

The same provision did not apply during last year's APEC Summit in Sydney.

The association says the terms are too vague and the penalties are excessive.

It says if existing laws are considered sufficient to regulate conduct at events like the Mardi Gras or the Rugby World Cup, they should be good enough to cover World Youth Day.

The Bar Association has also accused the Government of avoiding public scrutiny by creating a criminal offence by regulation, rather than making it an Act of Parliament.

It says the NSW Government is trying to restrict freedom of speech.

Association president Anna Katzmann SC says the laws are ridiculous because any person displaying opposition to the event could be affected.

"If I were to wear a t-shirt proclaiming that World Youth Day is a waste of public money in a World Youth Day-declared area, and I refuse to remove it when an officer, an authorised officer of the Rural Fire Service asks me to do so, then I'm potentially committing a criminal offence," she said.

The Greens say the powers aim to shut down protests and provide a sanitised view of Sydney.

Greens MP Lee Rhiannon says the definition of causing annoyance is open to interpretation and the subsequent penalties are excessive.

"If somebody exposes themself to a World Youth Day participant they face a fine of $1,100, but if they wear an anti-Catholic t-shirt, the fine could be $5,500," she said.

But Deputy Police Commissioner Dave Owens says officers will act reasonably in determining what is offensive.

"Police officers do it every day of the week," he said.

"As I've said, they have a discretion. We're not the fashion police, we're not kill-joys."

World Youth Day spokesman Father Mark Podesta rejected suggestions the Catholic Church requested the special powers.