Constitutional Law and Contract Law

Paper , Order, or Assignment Requirements

WORD LENGTH: 2000 words

In Tasmania, the Workplaces (Protection from Protesters) Act was passed in 2014.  In January this year, Bob Brown, former Australian Greens leader and Senator, and Jessica Hoyt, neurosurgery nurse and mother of two, were arrested when protesting the logging of Lapoinya forest and charged under this Act. Brown then issued a writ in the High Court challenging the validity of the Workplaces (Protection from Protesters) Act, on the basis that it ‘impermissibly burdens the implied freedom of communication on government and political matters contrary to the Commonwealth constitution’.   In May, the charges against Brown and other protesters were dropped. Nevertheless, Brown then stated that he intended to proceed with his High Court challenge to the Tasmanian legislation.

Assume, for the purposes of this assessment task, that Brown has standing and that the High Court decides to hear the case. Advise Brown on whether such a challenge to the Workplaces (Protection from Protesters) Act 2014 (Tas), on the basis that it impermissibly burdens the implied freedom of communication on government and political matters contrary to the Commonwealth constitution, is likely to succeed.

In your essay, you should refer to and apply relevant case law on the implied freedom of political communication, and refer to and discuss some of the academic commentary on the implied freedom of political communication.