3. 3 Risk Injury or death of protestor(s) Injury or death of employee/contractor Loss of production/cost Reputational issues Prosecution by regulators(?) Civil claims
4. 4 Risk - Legal responsibilities Occupational Health and Safety Act 2000 (NSW) duty of care to non-employees – Section 8(2) must ensure people (other than employees) are not exposed to risks to their health and safety duty to trespassers? duties of controllers of work premises – Section 10
5. 5 Risk - Legal responsibilities Work Health and Safety Act 2011 (NSW) duty of manger or controller of the workplace to ensure health and safety of any person (so far as reasonably practicable) – Section 20 duties of other persons at the workplace to take reasonable care for own health and safety – Section 29 Common law duties of care owed by owners and occupiers
6.
7. 7 Response - Public order power examples Terrorism (Police Powers) Act 2002 (NSW) a ‘terrorist act’ includes advocacy, protest, dissent or industrial action done with the intention of advancing a political, religious or ideological cause and with intent of intimidating the public or a section of the public or government – Section 3 police authorised to exercise special powers Inclosed Lands Protection Act 1901 (NSW) special protections for ‘inclosed lands’ offence to enter enclosed land without the consent of the owner or occupier of the land – Section 4
