The Law Handbook 2024

Chapter 11.4: Community activism 1049 any political demonstration, is guilty of an offence. This charge is very rarely used, but it does illustrate the power that governments have to block ‘political’ actions if they wish to do so. Anti-mask laws It is an offence to be disguised or to have an article of disguise in your possession, with unlawful intent; that is, if the primary purpose of wearing the mask is to conceal your identity or to protect yourself from the effects of crowd-controlling substances (e.g. capsicum spray). The penalty is two years in jail (s 49C SO Act). Heavier penalties may be imposed on people who commit the criminal offences of affray or violent disorder while wearing a mask. (See also comments in ‘Designated areas, weapons and face coverings’, above, in relation to wearing masks and other face coverings for public health and religious purposes.) Offensive behaviour Under Victorian law it is an offence to use indecent or threatening language or behaviour in or near a public place, or within the view or hearing of a person in a public place (s 17(1) SO Act). The maximum penalty for a first offence is 10 pu or two months in jail. ‘Public place’ is very widely defined and includes roads, streets, alleys, footpaths, parks, gardens, railway stations, trains, piers, churches, state schools, theatres, markets, sporting grounds and open areas. It can be argued that current community standards dictate that the conduct over which a person has been charged may not amount to obscene, indecent or threatening behaviour. The Commonwealth law of ‘offensive or disorderly manner’ is associated with the trespass law. Under section 12(2)(b) of the Public Order Act, it is an offence for a person who ‘while trespassing on premises in a territory’ or ‘being in or on Commonwealth premises ... behaves in an offensive or disorderly manner’. Both these offences carry penalties of up to 20 pu. The meaning of ‘offensive or disorderly’ has to be established, and the common law defence of ‘reasonable excuse’ can be used. Besetting Under Victorian law it is an offence for anyone (alone or with others) to wilfully and without lawful authority ‘beset’ any premises, whether public or private, for the purpose and with the effect of obstructing, hindering or impeding by an assembly of people any person’s lawful right to enter, use or leave such premises (s 52(1A) SO Act). The maximum penalty is 15 pu or three months in jail. The charge of besetting requires all entrances to the property to be obstructed, and that there was no other option for entering the premises (i.e. the premises must have been completely surrounded). Offences against emergency workers Summary Offences Act 1966 (Vic) Under the SO Act (s 51), it is an offence to ‘assault, resist, obstruct hinder or delay’ an emergency worker on duty. ‘Emergency workers’ are police officers, protective services officers, ambulance officers, and firemen. It is also an offence to assault, resist, obstruct, hinder or delay a council worker on duty. The prohibition extends to assaults on registered health practitioners (s 51A). Almost any behaviour might support a charge of ‘delaying’ an emergency worker. The maximum penalty is six months in jail or a fine of 60 pu. However, emergency workers on duty are public officials and are required to consider your rights under section 38 of the Human Rights Charter when making decisions about you, including your right to peaceful assembly. Sentencing Act 1991 (Vic) It is an offence to intentionally or recklessly injure any person (s 18 Crimes Act 1958 (Vic) (‘ Crimes Act (Vic) ’)), or to intentionally or recklessly seriously injure any person (ss 16, 17). These offences are generally described as ‘assaults’ and can be punished by imprisonment. However, if the victim is an emergency worker, it is a very serious offence and attracts a minimum mandatory jail sentence under the Sentencing Act 1991 (Vic) (‘ Sentencing Act ’) (s 10AA). The length of time in prison is determined by which type of assault was committed on the emergency worker. Mandatory imprisonment will be imposed unless: • the offender has impaired mental functioning (s 10A(2)) that is not caused solely by self-induced intoxication (s 10A(2)(c));