The Victorian government has acknowledged the Rationalist Society of Australia’s concerns about the need to ensure protections for legitimate protests outside places of worship.

In a letter last week, a spokesperson for the state Department of Justice and Community Safety said it would consult with stakeholders over the government’s planned laws impacting protests outside places of worship.

Marian Chapman, Deputy Secretary of Courts, Civil and Criminal Law, confirmed that the Allan government was considering introducing “safe access zones” around places of worship.

“The Victorian Government has committed to introducing new laws intended to protect the right of people to gather and pray, free from fear, harassment and intimidation,” she said. 

“This includes considering the establishment of safe access zones around places of worship.”

In January, the RSA called on the Allan government to drop any plans that would infringe on peaceful protests outside places of worship – such as preventing clerical abuse survivors and their supporters from tying ribbons to church fences or protesting the attendance of judges, lawyers and politicians at Red Masses.

RSA Executive Director Si Gladman argued that any such laws would be “an attack on fundamental freedoms” and a “knee-jerk reaction” to the arson attack on the Melbourne synagogue in December.

He noted that religious institutions were among the most powerful and privileged in society, and many had long and sordid histories of conducting criminal activities and devastating communities across the state.

In her letter (see below), Ms Chapman acknowledged the RSA’s concerns about the potential impact on peaceful protests.

“I acknowledge your concerns regarding plans to ban protests outside places of worship. As the Premier outlined in her statement, these are complex matters,” she said.

“In progressing reforms that will impact protests outside places of worship, the Victorian Government will consult with stakeholders to determine an appropriate scope for the proposed laws and comprehensively identify, assess and minimise any impacts on the community. 

“The right to peaceful assembly and freedom of association, movement and expression are protected in Victoria under the Charter of Human Rights and Responsibilities Act 2006, as is the right to the freedom to demonstrate one’s religion or belief in worship.”

In New South Wales last month, the parliament rushed through new laws that restrict protests near places of worship. 

A number of legal experts and many Labor had raised concerns about the broad nature of the laws. The RSA also wrote to the New South Wales government about the likely impact on peaceful protests outside places of worship, but did not receive a response.

The Rationalist Society of Australia is actively lobbying for secular reform of scripture programs in public schools. If you want to support our work, please make a donation or become a member.

Si Gladman is Executive Director of the Rationalist Society of Australia. He also hosts ‘The Secular Agenda’ podcast.

Image: Shutterstock

Letter from the Victorian Department of Justice and Community Safety, 24 February 2024 

Dear Mr Gladman

Thank you for your email dated 13 January 2025 to the Premier, the Hon Jacinta Allan MP, and the Attorney-General, the Hon Sonya Kilkenny MP, regarding protest reforms announced by the Premier on 17 December 2024. The Premier and Attorney-General have asked me to respond on their behalf.

The right to peaceful assembly and freedom of association, movement and expression are protected in Victoria under the Charter of Human Rights and Responsibilities Act 2006, as is the right to the freedom to demonstrate one’s religion or belief in worship.

The Victorian Government has committed to introducing new laws intended to protect the right of people to gather and pray, free from fear, harassment and intimidation. This includes considering the establishment of safe access zones around places of worship.

I acknowledge your concerns regarding plans to ban protests outside places of worship. As the Premier outlined in her statement, these are complex matters. In progressing reforms that will impact protests outside places of worship, the Victorian Government will consult with stakeholders to determine an appropriate scope for the proposed laws and comprehensively identify, assess and minimise any impacts on the community. 

Thank you for taking the time to write to the Premier and Attorney-General regarding these matters. 

Yours sincerely

Marian Chapman

Deputy Secretary, Courts, Civil and Criminal Law

Department of Justice and Community Safety