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If I get involved in a protest march can I be charged with a public order offence?

Next weekend there is a protest about asylum seekers in the city. I would like to go as I feel very strongly about these issues. I am planning to march peacefully to the meeting point with the other people. I do not want to get in trouble with the police though.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 30-11-2015
1 Lawyer Answered
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  1. Public Order
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Jo Wilson, Macleod 3085 VIC

  • You should not be charged with being involved in a peaceful political protest march. This is not a public order offence.
  • In Australia we have the right to freedom of movement and freedom of communication.
  • There are some situations when the police may be concerned about the safety of the public at a protest march. In these cases they may issue you with a move on direction.
  • If you do not comply (obey) the move on direction then you may be charged with an offence.
  • If you are being disruptive, disorderly or threatening while you are marching then the police may decide to charge you with a public order offence. 

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