The Law Handbook 2024

1045 NOTE The law in this chapter is current as at 1 September 2023. Introduction Mounting an effective community campaign requires significant planning and careful consideration of many organisational, political and legal issues. Legal issues permeate the many and varied aspects of campaigning and are not limited to your rights when attending a demonstration. Nor do they simply affect ‘the usual suspects’ who seem to capture the headlines during high-profile protests. Whether you are expressing concern over freeways, advocating for the rights of refugees and asylum seekers, protesting against war or globalisation, or seeking to protect your local park or school, legal issues need to be considered. This chapter is intended as a basic overview of the legal issues confronted by activists engaged in community campaigning. Parts of this chapter are drawn from the Activist Rights website (www.activistrights.org.au) published by Fitzroy Legal Service. This website is a comprehensive source of legal information. The site also contains a study of the broader contextual issues to consider when mounting an effective community campaign. Speaking out Campaigning often involves voicing concerns in the public arena. However, voicing issues publicly can invite legal action aimed at silencing protest. People who have ‘published’ all types of material – books, reports, leaflets, bumper stickers, posters, who have written letters to their local paper, or have made public statements – have received threats of legal action and some have been sued for civil conspiracy and defamation. For information about the law of defamation, including defences and remedies, see Chapter 11.2: Defamation and your rights. Activists who choose to assert their rights in the courts also risk incurring expensive legal costs. In some public interest cases, a cap on costs has been negotiated in the early stages of litigation. Structure, finances and insurance What structure works for your group? Community campaigning is often a ‘corporate’ act (that is, an act undertaken by a group) that is undertaken over a long period of time. It can pay to carefully think about how a group is structured as this can assist the group’s longevity and success in achieving its objectives. A campaign group should consider: • whether to seek charitable or deductible gift recipient status; • whether it will be liable to pay income tax or the Goods and Services Tax; • whether it should fundraise, and the regulations surrounding fundraising; and • how to structure the group to provide protection against the civil liability of members. For an introduction to these issues, see Chapter 6.6: Community organisations. Public liability insurance for not-for-profit organisations Insurance is usually one of the last things on the minds of most activists. However, failing to consider the need for insurance can be a big impediment to a campaign, because not having it may limit the sorts of activities that your organisation can undertake. For example, it may be necessary to have insurance to hold a function or rally at a local park. For a useful introduction and overview of insurance and risk management issues for community organisations, visit the Community Insurance and Risk 11.4 Community activism Contributor: Tabitha O’Shea, Senior Lawyer