High Court of Australia (Building and Precincts—Regulating the Conduct of Persons) Amendment Directions 2021

Administered by Attorney-General's Department

Legislation au F2021L01457 Not in force Legislative Instrument

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HIGH COURT OF AUSTRALIA

 

EXPLANATORY STATEMENT

 

Section 19(2) of the High Court of Australia Act 1979 (Cth) provides:

 

The Chief Executive and Principal Registrar has power to do all things that are necessary or convenient to be done for or in connection with the performance of his or her functions and, in particular, has power, on behalf of the Court, to give directions, by legislative instrument, for the purpose of regulating the conduct of persons on any land or in any building referred to in paragraph 17(2)(d).

 

The purpose of this Amendment to the High Court of Australia (Building and Precincts-Regulating the Conduct of Persons) Directions 2021 is to make clear that the proscriptions in paragraph 5(i) (a person shall not behave in a disorderly or offensive manner within the building or precincts) and paragraph 5(xii) (a person shall not light any fire or deposit any litter or create any nuisance within the building or precincts) do not apply to public protest or other assembly (including for the purposes of industrial action, dissent, celebration or ceremony) and which is not reasonably likely to:

(i) put the health or safety of any person within the building or the precincts at risk; or

(ii) interfere with, damage or destroy any tree, plant, grass, building or other property within the building or precincts; or

 (iii) impede a person’s access to the building or precincts; or

 (iv) interrupt Court proceedings.

No consultation was undertaken as the Directions do not substantially alter existing arrangements and they are directed to the public at large and not a particular group or groups.

The Amendment also removes a redundant reference in the Table of directions.


 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

High Court of Australia (Building and Precincts-Directions for Regulating the Conduct of Persons) Directions 2021

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Disallowable Legislative Instrument

 

Section 19(2) of the High Court of Australia Act 1979 (Cth) provides:

 

The Chief Executive and Principal Registrar has power to do all things that are necessary or convenient to be done for or in connection with the performance of his or her functions and, in particular, has power, on behalf of the Court, to give directions, by legislative instrument, for the purpose of regulating the conduct of persons on any land or in any building referred to in paragraph 17(2)(d).

 

The purpose of this Amendment to the High Court of Australia (Building and Precincts-Directions for Regulating the Conduct of Persons) 2021 is to make clear that the proscriptions in paragraph 5(i) (a person shall not behave in a disorderly or offensive manner within the building or precincts) and paragraph 5(xii) (a person shall not light any fire or deposit any litter or create any nuisance within the building or precincts) do not apply to public protest or other assembly (including for the purpose of industrial action, dissent, celebration or ceremony) and which is not reasonably likely to:

(i) put the health or safety of any person within the building or the precincts at risk; or

(ii) interfere with, damage or destroy, any tree, plant, grass, building or other property within the building or precincts; or

 (iii) impede a person’s access to the building or precincts; or

 (iv) interrupt Court proceedings.


 

Human rights implications

This Disallowable Legislative Instrument engages the following rights contained in the International Covenant on Civil and Political Rights:

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Clause 5A makes clear that the paragraphs 5(i) and 5(xii) are consistent with article19(3) which permits freedom of expression and the right of peaceful assembly to be limited only where provided for by law and when necessary to protect, inter alia, public order.  To avoid doubt, clause 5A confirms that those paragraphs are not intended to apply to protest or other assembly (including for the purposes of industrial action, dissent, celebration or ceremony) and which is not reasonably likely to:

(i) put the health or safety of any person within the building or the precincts at risk; or

(ii) interfere with, damage or destroy any tree, plant, grass, building or other property within the building or precincts; or

 (iii) impede a person’s access to the building or precincts; or

 (iv) interrupt Court proceedings.

The Court’s ability to prevent interference with the orderly conduct of proceedings, to protect the public from risks to health and safety, and to protect the building from damage is necessary for the protection of public order.  

 

Clause 5A is also consistent with the right of peaceful assembly in article 21 in that the restrictions placed on the right are in conformity with the law and are intended to protect public safety, public order and the rights and freedoms of others to have access to the Court.

Conclusion

The Disallowable Legislative Instrument is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

 

 

 

 

 

 

Overview

The High Court of Australia (Building and Precincts-Directions for Regulating the Conduct of Persons) Directions 2021 was enacted to provide clarity and exceptions regarding the conduct of individuals on High Court premises, particularly in relation to public protests and assemblies. This legislative instrument was developed under the authority granted by section 19(2) of the High Court of Australia Act 1979, enabling the Chief Executive and Principal Registrar to issue directions for regulating conduct within the Court’s buildings and precincts. The primary objective of this amendment is to ensure that certain prohibitions, such as disorderly behaviour and creating nuisances, do not unduly restrict lawful public protests or assemblies, provided they do not pose risks to health and safety, property, access, or court proceedings. No consultation was deemed necessary as the changes do not significantly alter existing arrangements but are intended for the general public. The amendment also rectifies a redundant reference within the legislative instrument.

Scope and Application

The High Court of Australia (Building and Precincts-Directions for Regulating the Conduct of Persons) Directions 2021 applies to all individuals and entities within the specified buildings and precincts of the High Court of Australia, aiming to regulate their conduct in a manner that ensures safety, order, and respect within the premises. This legislative instrument extends to all persons entering or present within the buildings and precincts covered by the Directions. It is enacted at the Commonwealth level, governing conduct within the jurisdictional reach of the High Court of Australia. The Directions are not intended to apply to public protests or assemblies that are not reasonably likely to put health or safety at risk, interfere with or damage property, impede access, or interrupt court proceedings. The Directions clarify that certain behaviours, such as disorderly conduct or littering, are prohibited unless they occur as part of a permitted assembly under specified conditions. While the Directions themselves set the primary rules, additional regulations or clarifications may be issued through subordinate instruments to address specific situations or evolving circumstances.

Key Provisions

The High Court of Australia (Building and Precincts-Regulating the Conduct of Persons) Directions 2021, as amended, outline specific conduct regulations for persons on the High Court's premises. Section 19(2) of the High Court of Australia Act 1979 empowers the Chief Executive and Principal Registrar to issue these directions to regulate behaviour in the building or precincts. Key provisions include prohibiting disorderly or offensive behaviour (paragraph 5(i)) and the lighting of fires or depositing of litter (paragraph 5(xii)). However, the recent amendment clarifies that these prohibitions do not apply to public protests or assemblies (including for industrial action, dissent, celebration, or ceremony) if they do not reasonably risk health and safety, damage property, impede access, or interrupt court proceedings. This amendment ensures that legitimate public expressions are protected while maintaining order within the premises. The Act imposes obligations on individuals and groups to conduct themselves in a manner that does not compromise the safety, integrity, or operational efficacy of the High Court. Individuals must refrain from behaviours that could endanger others or disrupt the court's proceedings. This includes avoiding disorderly conduct, lighting fires, depositing litter, or creating nuisances. Public protests and assemblies must be conducted in a way that respects these rules, ensuring that their activities do not pose a threat to the health and safety of others or interfere with court operations. Breaches of these directions may lead to civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, violations of court regulations can generally result in fines, sanctions, or even imprisonment, depending on the severity of the offence. The court retains the authority to enforce these regulations, and non-compliance can lead to legal action against the individuals or groups responsible. The amendment's intent to protect public order, safety, and the rights of others underscores the seriousness with which these regulations are to be treated. In summary, the High Court of Australia Directions aim to balance the rights of individuals to express themselves with the need to maintain order and safety within the court premises. The amendment ensures that legitimate public protests and assemblies are not unduly restricted, provided they do not endanger safety, damage property, impede access, or disrupt court proceedings. This balance is essential to uphold both individual rights and the court's operational integrity.

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Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Enforcement Powers
Prohibited Conduct
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Regulating Conduct of Persons

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.