Disruption and public safety
Critics said the bill would protect disruptive action too strongly, including conduct that blocks roads, disrupts businesses or affects emergency services.
Right to Protest
Current status
This bill is currently before Parliament.
Policy area
Law, justice & rights
What does this bill do?
The bill would create a federal legal right for a person to engage in peaceful protest in a public placeFor this bill, a place open to or used by the public, including some places open by consent or payment..
Why was it introduced?
The bill was introduced by Senator David Shoebridge to turn parts of Australia's international human-rights obligations into domestic protest protections. Its official materials say state and territory laws had increasingly constrained protest and exposed environmental and social justice movements to legal sanction for peaceful protest and non-violent resistance. The bill responds by recognising peaceful protest in public places, limiting when governments can restrict it, and making inconsistent laws inoperative to the extent of the inconsistency.
Broader context
The bill sits in a wider argument about whether protest in Australia is already adequately protected or whether state and territory anti-protest laws have gone too far. Supporters framed it as a federal response to harsher penalties, broader police powers and restrictions on environment, social justice and Palestine solidarity protest. Opponents accepted that peaceful protest matters, but said existing constitutional protections, state regulation and public-safety limits already provide the right balance.
Key criticism
The main criticism was that the bill protected disruptive protest too broadly and would create uncertainty for public safety laws, state and territory powers, and the rights of other people. Critics generally said they supported peaceful protest in principle but opposed this bill's drafting and legal effect.
Who supported it?
Senator David Shoebridge introduced this bill. Supportive speeches so far have come from Greens.
Introduced in Senate 13 Feb 2025
Debate underway in Senate 27 Aug 2025
Not yet reached House —
Not yet law —
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
482 days
Updated 10 June 2026.
Meaning
What does this bill do?
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The bill would create a federal legal right for a person to engage in peaceful protest in a public placeFor this bill, a place open to or used by the public, including some places open by consent or payment..
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The bill defines protest broadly. It includes political actions and actions that are disruptive, or that seek to be disruptive. It also uses a broad definition of public placeFor this bill, a place open to or used by the public, including some places open by consent or payment., including places open to the public by right, consent, or payment.
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Restrictions on peaceful protest would only be allowed where necessary in a democratic societyThe bill's test for when protest can be restricted: the restriction must serve listed public interests such as safety or public order and address an unacceptable risk of harm. for national security, public safety, public order, public health, or other people's rights and freedoms.
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A restriction would count as necessary only if it is aimed at an unacceptable risk of harm and is appropriately adapted to that goal. The bill also says an excessive penaltyA penalty the bill treats as an unnecessary restriction on protest, even if the rule being enforced is otherwise allowed. is an unnecessary restriction, even if the underlying rule is otherwise valid.
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Commonwealth, state and territory laws would stop operating to the extent they are inconsistent with the bill's protest-right provisions. Laws that can operate alongside those provisions would continue to apply.
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The bill relies mainly on the Commonwealth's external affairs powerA Commonwealth constitutional power that can support federal laws implementing Australia's international obligations., linked to Australia's obligations under the International Covenant on Civil and Political RightsA United Nations treaty that protects rights including expression, peaceful assembly and association. The bill uses it as the main basis for federal protest protections.. It also includes fallback operation for territories, Commonwealth places and communications services, and says it does not apply where it would infringe the implied freedom of political communicationA constitutional limit that can invalidate laws that unjustifiably burden communication about political or government matters..
Show source excerpts
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A person has the right to engage in peaceful protest in a public place.
Right to Protest Bill 2025 as introduced -
protest includes the following: (a) actions that are political in nature; (b) actions that are disruptive, or that seek to be disruptive. public place includes: (a) a place, or a part of a place, open to or used by the public
Right to Protest Bill 2025 as introduced -
The right is subject only to such restrictions as are necessary in a democratic society in the interests of one or more of the following: (a) national security; (b) public safety; (c) public order; (d) the protection of public health; (e) the protection of the rights and freedoms of other persons.
Right to Protest Bill 2025 as introduced -
a restriction is only necessary if it is intended to, and appropriately adapted to the goal of, addressing an unacceptable risk of harm related to a matter in paragraphs (1)(a) to (e); and (b) an excessive penalty is an unnecessary restriction regardless of whether the penalty is imposed for contravening a necessary restriction.
Right to Protest Bill 2025 as introduced -
Any law of the Commonwealth, or of a State or Territory, in force immediately before the commencement of this Part, or enacted after that commencement, is of no effect so far as it is inconsistent with this Part. (2) This Part does not exclude or limit the operation of a law of the Commonwealth, or of a State or Territory, to the extent that it is capable of operating concurrently with this Part.
Right to Protest Bill 2025 as introduced -
This Act relies on the Commonwealth’s legislative powers under paragraph 51(xxix) (external affairs) of the Constitution. 12 Additional operation of this Act (1) In addition to section 11, this Act also has effect as provided by this section. Territories (2) This Act also has the effect it would have if a reference to engaging in peaceful protest in a public place were expressly confined to engaging in peaceful protest in a public place in a Territory. Commonwealth place (3) This Act also has the effect it would have if a reference to engaging in peaceful protest in a public place were expressly confined to engaging in peaceful protest in a public place that is a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970). Communications (4) This Act also has the effect it would have if a reference to engaging in peaceful protest in a public place were expressly confined to engaging in peaceful protest in a public place using a service to which paragraph 51(v) of the Constitution applies. 13 Implied freedom of political communication This Act does not apply in relation to peaceful protest in a public place, or to a law of the Commonwealth or of a State or Territory, to the extent (if any) that this Act would infringe any constitutional doctrine of implied freedom of political communication.
Right to Protest Bill 2025 as introduced
Context
Broader context for this bill
The bill sits in a wider argument about whether protest in Australia is already adequately protected or whether state and territory anti-protest laws have gone too far. Supporters framed it as a federal response to harsher penalties, broader police powers and restrictions on environment, social justice and Palestine solidarity protest. Opponents accepted that peaceful protest matters, but said existing constitutional protections, state regulation and public-safety limits already provide the right balance.
- 16 Dec 1966
ICCPRA United Nations treaty that protects rights including expression, peaceful assembly and association. The bill uses it as the main basis for federal protest protections. rights provide the bill's frame
The bill links its protest protections to articles 19, 21 and 22 of the International Covenant on Civil and Political RightsA United Nations treaty that protects rights including expression, peaceful assembly and association. The bill uses it as the main basis for federal protest protections., which cover expression, peaceful assembly and association.
Explanatory memorandum ↗ - 2020
Black Lives Matter policing cited as warning
Senator Shoebridge cited 2020 New South Wales Black Lives Matter protest policing as an example of public-order powers being used against protest.
Second reading speech, David Shoebridge ↗ - 2022
NSW protest penalties become a central example
Supporters pointed to New South Wales laws punishing some climate protest activity with up to two years in jail and $22,000 fines as an example of penalties they considered excessive.
Second reading speech, David Shoebridge ↗ - 13 Feb 2025
Right to Protest Bill introduced
Senator David Shoebridge introduced the private senator's bill in the Senate and moved the second reading.
Parliament of Australia bill page ↗ - 27 Aug 2025
Senate debate tests the bill's balance
The restored bill was debated in the Senate, with Greens senators supporting stronger protest protection and Labor, Liberal and National speakers warning about public safety, uncertainty and state-law override concerns.
Senate second reading debate ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 13 Feb 2025
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 13 Feb 2025
Senator Shoebridge moved the second reading, opening debate on the bill's purpose and principles.
Second reading moved
Lapsed at end of Parliament 21 July 2025
The bill lapsed when the previous Parliament ended.
Restored to Notice PaperParliament's agenda of business. The bill lapsed at the end of the previous Parliament and was later restored to the Senate Notice Paper. 23 July 2025
The Senate restored the bill to its agenda so it could continue in the new Parliament.
Second reading opened 27 Aug 2025
Senator Shoebridge moved the second reading, opening debate on the bill's purpose and principles.
Second reading moved
Second reading debate 27 Aug 2025
Senators debated the bill in principle, including whether the proposed protest right was too broad.
Key criticism
The main case against this bill
The main criticism was that the bill protected disruptive protest too broadly and would create uncertainty for public safety laws, state and territory powers, and the rights of other people. Critics generally said they supported peaceful protest in principle but opposed this bill's drafting and legal effect.
Supporters argued the disruption concern was overstated because the bill still allows restrictions needed for national security, public safety, public order, public health and other people's rights.
Uncertain legal test
The government argued the bill used a vague standard that would likely need litigation to work out whether a state or territory law crossed the line.
State and territory powers
One Nation objected that the bill encroached on areas it said should remain under state law and did not clearly define key terms such as peaceful or excessive.
Other people's rights
Several opponents said the bill did not do enough to protect freedom of movement, public order, safety, property rights and the ability of others to go about ordinary life.
Further sources
Votes
Recorded votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
David Shoebridge
David Shoebridge supported the bill as a federal protection for peaceful protest.
Read in Hansard ↗ Lead opposing voice Opposes
Michaelia Cash
Michaelia Cash opposed the bill.
Read in Hansard ↗ Lead voice Opposes
Paul Scarr
Paul Scarr opposed the bill while saying he supported freedom of speech, association and peaceful assembly.
Read in Hansard ↗ Lead voice Supports
Steph Hodgins-May
Steph Hodgins-May supported the bill as a protection for democratic dissent.
Read in Hansard ↗All speeches by bloc
Labor
1 speaker · 1 oppose
Labor
1 speaker · 1 oppose
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Murray Watt Murray Watt opposed the bill for the government.
“The government will not be supporting the Right to Protest Bill 2025.”
Read the full speech in Hansard ↗
Coalition
3 speakers · 3 oppose
Coalition
3 speakers · 3 oppose
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Michaelia Cash ★ Michaelia Cash opposed the bill.
“This bill has got nothing to do with the right to protest. Let me tell you what this bill does. We're going to go through a few of the clauses. When you go through the clauses you actually understand what this bill does. It is basically seeking to legislate the right to cause chaos.”
Read the full speech in Hansard ↗ -
Paul Scarr ★ Paul Scarr opposed the bill while saying he supported freedom of speech, association and peaceful assembly.
“However, having read the bill—I come back to the points which were made by the Leader of the Opposition in the Senate, Senator Cash—there are deep concerns with respect to the drafting of the bill, and I want to walk through those issues and place them on the record.”
Read the full speech in Hansard ↗ -
Bridget McKenzie Bridget McKenzie opposed the bill while saying she believed in the right to protest.
“Obviously, the coalition won't be supporting this bill. However, I am a firm believer in the right to protest in a democracy.”
Read the full speech in Hansard ↗
Greens
2 speakers · 3 contributions · 2 support
Greens
2 speakers · 3 contributions · 2 support
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David Shoebridge ★ 2 contributions David Shoebridge again supported the bill, linking it to recent large protests and to state laws he said were being used against environment, First Nations and justice movements.
Hansard records 2 separate contributions by David Shoebridge on this bill. They are grouped here so the speaker is listed once.
Second reading speech
David Shoebridge supported the bill as a federal protection for peaceful protest. He said state and territory anti-protest laws had increasingly criminalised dissent, especially climate, environment and social justice protest, and argued that excessive fines or jail terms should not be used to suppress peaceful protest.
“This bill seeks to protect one of the most fundamental democratic rights, a right from which so many other rights stem: the right to peacefully assemble and protest.”
Read this contribution in Hansard ↗Second reading speech
David Shoebridge again supported the bill, linking it to recent large protests and to state laws he said were being used against environment, First Nations and justice movements. He argued the bill would make peaceful protest a federally protected right and read down inconsistent laws and excessive penalties.
“This bill is an attempt to rebalance the scales towards justice. This bill operates by clearly defining the right to peaceful protest as a federally protected right, drawing on long-standing international precedent from the International Covenant on Civil and Political Rights.”
Read this contribution in Hansard ↗ -
Steph Hodgins-May ★ Steph Hodgins-May supported the bill as a protection for democratic dissent.
“I rise to speak in strong support of the Right to Protest Bill 2025 and commend Senator Shoebridge for bringing it on.”
Read the full speech in Hansard ↗
One Nation
1 speaker · 1 mixed
One Nation
1 speaker · 1 mixed
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Malcolm Roberts Malcolm Roberts gave a mixed response.
“This bill, the Right to Protest Bill 2025, recognises the right to peaceful protest. We support that right wholeheartedly.”
Read the full speech in Hansard ↗
Record
Full record
- Status
- Before Senate -- Collected from the APH bill page.
- Originating house
- Senate
- Sponsor
- Senator David Shoebridge -- Collected from the APH bill page and second reading speech.
- 13 Feb 2025
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 13 Feb 2025
Senate · Second reading moved
Second reading opened
Senator Shoebridge moved the second reading, opening debate on the bill's purpose and principles.
- 21 July 2025
Senate · Lapsed at end of Parliament
Lapsed at end of Parliament
The bill lapsed when the previous Parliament ended.
- 23 July 2025
Senate · Restored to Notice Paper
Restored to Notice PaperParliament's agenda of business. The bill lapsed at the end of the previous Parliament and was later restored to the Senate Notice Paper.
The Senate restored the bill to its agenda so it could continue in the new Parliament.
- 27 Aug 2025
Senate · Second reading moved
Second reading opened
Senator Shoebridge moved the second reading, opening debate on the bill's purpose and principles.
- 27 Aug 2025
Senate · Second reading debate
Second reading debate
Senators debated the bill in principle, including whether the proposed protest right was too broad.