What the Act says
This right is based on Articles 21 and 22 of the International Covenant on Civil and Political Rights, which Australia ratified in 1980.
Scope of the right
Peaceful assembly
The right of peaceful assembly allows individuals to gather for a common purpose or to pursue shared goals. Examples include meetings, rallies and protests. However, only peaceful assemblies are protected – assemblies involving violence are not covered by this right.
This right covers the preparation for, conduct of, and participation in a peaceful assembly. It applies to both the organisers and the participants.
Internationally, ‘assembly’ in this context means the intentional, temporary gathering of several people for a specified purpose.
Religious and private assemblies might also be protected under freedom of thought, conscious, religion and belief (section 20), or the right to privacy (section 25).
Freedom of association
Freedom of association protects the right to form or join groups with like-minded people. This includes but is not limited to, associations for political purposes and trade unions.
Limitations
The right of peaceful assembly and freedom of association can be limited by public entities, but only where it is reasonable and demonstrably justified in a free and democratic society based on human dignity, equality and freedom.
Learn more about justification and other obligations on public entities to respect human rights.
Case examples
Issuing a show cause notice did not limit freedom of association or expression
The applicant, a hospital duty nurse manager and a representative of the Nurses’ Professional Association of Queensland (NPAQ), made statements to the media critical of the standard of nursing graduates without prior approval. The hospital issued a show cause notice, and the applicant brought a protective claim with the Queensland Industrial Relations Commission (QIRC), including allegations that the show cause notice was in breach of her right to freedom of association (section 22) and freedom of expression (section 21).
The QIRC held that the show cause notice merely detailed the alleged failures of the applicant to follow the terms of her employment and did not restrict her rights of freedom of association or limit her ability to express herself. Even if it did, the limit was reasonable and justifiable given the applicant had allegedly breached the Code of Conduct, which aims to ensure a high performing, apolitical public service.
Gilbert v Metro North Hospital Health Service [2021] QIRC 255 (27 July 2021)
Protesting in public spaces
A planned sit-in protest for the rights of refugees was organised to take place on the Story Bridge, a major traffic route in Brisbane, during COVID-19. The Attorney-General successfully sought a court order to prevent the protest.
In making the decision, the Court acknowledged the rights of the protestors, including the importance in a democracy of the right to peaceful assembly and freedom of association, and freedom of expression. However, limitation of these rights was justified given the significant limit to the freedom of movement of the broader community. Further, there was no evidence that protest organisers were taking reasonable steps to alleviate the risk of COVID-19 transmission.
Attorney-General for the State of Queensland v Sri & Ors [2020] QSC 246 (8 August 2020)
This information is not intended to be a substitute for legal advice.