Public Meetings and Processions Act 1984

The Act is organised around a small set of legal concepts that determine whether the statutory route applies, who decides, and what legal effects flow from compliance or non‑compliance. These concepts are: public meeting/procession, street, notice and permit, authorised officer, and police instructions to maintain order.

Public meeting and procession (s 4)

• A “public meeting” for the Act is an assembly of three or more people (s 4(3)(a)(i)) whose purpose is to communicate or express views to the public or to ascertain public views, or to demonstrate, and where members of the public in general are invited, induced or permitted to attend (s 4(3)(a)(ii)-(iii)). A meeting convened solely for divine worship is not a public meeting under the Act (s 4(3)(b)).
• A “procession” requires three or more persons assembled with the intent of moving, or moving, from the place of assembly by means of a street as an orderly body proceeding by a common route (s 4(4)). The Act excludes funeral processions from the notice requirement (s 5(1)(b)).

Street and thoroughfare (s 3)

• The statutory definition of “street” is broad: it includes any road or highway open to the public, and roads not open to the public if nevertheless used by the public. It specifically includes every thoroughfare, carriageway, footpath, reservation, median strip or traffic island associated with the road and any steps, doorways or entrances abutting it (s 3). “Thoroughfare” expressly includes bridges, tunnels, arcades, pavements, footpaths and passages (s 3). This wording brings within scope private property that is used by the public (shopping arcades, for example) where the public have access.

Notice and permit regime (ss 5-7)

• Persons or bodies proposing to hold a public meeting or conduct a procession (other than a funeral procession) may give written notice to the Commissioner applying for a permit (s 5(1)). Notices must include detailed information “with as much detail as is reasonably practicable” including date, assembly/disband times, place and boundaries, route details for processions, names and addresses of organisers, purpose and estimated numbers, and other prescribed particulars (s 5(2)). Notices are required at least four days before the event unless a shorter period is agreed by the Commissioner or an authorised officer (s 5(3)(a)); they may be given at any police station (s 5(2) last para).
• On receipt, the Commissioner or authorised officer “shall act expeditiously to determine the application” (s 5(4)). The Commissioner or authorised officer may grant a permit, grant a permit with conditions/limitations, or refuse a permit (s 7(1)). A permit is deemed to include a condition prohibiting participants from obstructing the free passage of ambulance, fire brigade, or police vehicles (s 4(2)).

Delegation and authorised officers (s 6)

• The Commissioner may delegate almost all of the Commissioner’s duties under the Act to commissioned officers via a determination published in the Government Gazette; those officers become “authorised officers” empowered to grant permits and exercise the Commissioner’s powers in the specified part of the State or circumstances (s 6(1)-(3)). The Gazette need not set out conditions or limitations attached to the delegation (s 6(2)). A delegated authorised officer’s opinion, belief or state of mind in relation to a matter is treated as the Commissioner’s when exercising a power that is dependent on that mental state (s 6(4)).

Maintaining order in streets and police directions (s 9A)

• The Commissioner may give instructions to members of the Police Force for maintaining order in streets, including regulating traffic and removing obstructions (s 9A(1)). Such instructions are not to be given for the purpose of frustrating a permitted meeting or pre-authorised events on roads closed under certain other Acts (s 9A(2)). Members acting under those instructions may give reasonable directions to persons and failure to comply is an offence with a penalty of $2,000 (s 9A(3)-(4)).

Offences, evidentiary effects and protections (ss 4(1), 9 and 10)

• Where participants at a permitted meeting act in a disorderly manner to prevent its business, obstruct emergency vehicles or otherwise impend public use of a street beyond what the permit authorises, they commit an offence carrying a $200 penalty (s 9(1)). The Act supplies evidentiary rules: in prosecutions under s 9(1) the prosecutor need not prove the grant of a permit or that a meeting or procession was conducted pursuant to a permit “in the absence of evidence to the contrary” (s 9(2)). For prosecutions under other Acts, if the accused satisfies the court that the meeting or procession was pursuant to a permit, it is presumed, absent evidence to the contrary, that the permit was properly granted and the meeting substantially conformed with its terms (s 9(3)). The Act also protects persons from civil liability for acts done pursuant to the Act unless done maliciously and without reasonable and probable cause (s 10).

Administrative review (s 8)

• Where notice was given not less than four days before the proposed event, the person or body who gave notice may apply to the State Administrative Tribunal for review if they are refused a permit, are aggrieved by any condition of a permit, or believe the application was dealt with unreasonably. “Unreasonably” is defined in certain contexts, including where processing may not be sufficiently expeditious, or where there is good cause for review (s 8(1)-(2)).

Regulations and interplay with other Acts (s 11 and s 9A(2))

• The Governor may make regulations as necessary or convenient to give effect to the Act (s 11). The Act provides specific non‑frustration cross‑references with road‑closure and major event laws (s 9A(2)(b)-(c), referencing the Road Traffic Act 1974 and the Major Events Act 2023).

These concepts allocate decision‑making power to the Commissioner (and delegates), create permit-related immunities and evidentiary presumptions, and give operational authority to police to regulate streets and maintain order, subject to explicit statutory limits. The practical effect is to make police authorisation central to lawful, organised public meetings and processions in streets, and to give permit-holders both procedural protection and obligations.

The Act assigns roles and burdens among identifiable groups. Each of the following categories is affected in specific, statutory ways:

Organisers and participants of public meetings and processions

• Persons or bodies proposing to hold a public meeting or to conduct a procession (other than funeral processions) must follow the notice requirements set out in s 5 if they wish to obtain a permit and access statutory immunities and evidentiary protections. Organisers must prepare and deliver a written notice that contains the matters listed in s 5(2) and be prepared to verify the notice as required by the Commissioner or authorised officer (s 5(3)). Participants who conform substantially to permit terms are insulated from general offences regulating movement of traffic or obstruction (s 4(1)), but they must not contravene the deemed condition prohibiting obstruction of emergency vehicles (s 4(2)). Participants who act disorderly for the purpose of preventing the meeting’s business or who obstruct emergency vehicles may commit an offence (s 9(1)).

Police and the Commissioner of Police

• The Commissioner is the decision-maker for permit applications (s 7(1)) and is the statutory source of instructions to the Police Force to maintain order in streets (s 9A(1)). The Commissioner may delegate most powers to commissioned police officers who become “authorised officers”, and such delegated acts are legally treated as acts of the Commissioner (s 6(1)-(4)). Police, acting under instructions, may regulate traffic, remove obstructions and give reasonable directions to persons in streets; failure to follow those directions is an offence (s 9A(3)-(4)).

Authorised officers (delegated commissioned officers)

• Authorised officers are treated as exercising the Commissioner’s powers (s 6(3)). Delegations are published in the Government Gazette with particulars necessary for identification, and the delegation may specify the part of the State or the circumstances in which the officer is authorised to act (s 6(1)-(2)). Delegated officers can accept shorter notice periods for events (s 5(3)(a)) and decide permit applications (s 7(1)).

Event‑affected third parties and the public in general

• The public at large is affected when streets are occupied by a meeting or procession. The Act protects free passage of emergency vehicles as a deemed condition of every permit (s 4(2)). The Act’s offences and police powers also contemplate protecting the free use of streets by members of the public in general (s 9(1)(b)).

Property owners and managers

• Because “street” includes thoroughfares on private property which are used by the public (s 3), private property owners and managers of places that function as public thoroughfares (for example arcade operators, shopping centres) may find their sites regulated under the Act if assemblies occur there. They may be required to cooperate with police direction under s 9A and could be exposed to directions and police requirements to remove obstructions.

Emergency services and other statutory event regimes

• Ambulance, fire brigade and police services are explicitly protected from obstruction by the deemed condition in every permit (s 4(2)). The Act also interacts with road closure powers in the Road Traffic Act 1974 and with the Major Events Act 2023; police instructions must not be given for the purpose of frustrating authorised events under those schemes (s 9A(2)(b)-(c)).

Civil litigants and persons sued for acts done under the Act

• Section 10 narrows remedies against persons acting under the Act by providing that no action or claim for damages lies unless the act was malicious and without reasonable and probable cause. This affects any third party seeking damages for acts taken to carry out the Act.

Administrative law actors and agencies

• The State Administrative Tribunal is the statutory avenue for review where the statutory preconditions are met (s 8). That affects applicants who comply with the notice timeline (not less than four days) and who seek review of refusal, onerous conditions, or unreasonable processing.

Who pays and who decides

• The organiser bears the transaction costs of preparing notice, verifying it, and meeting permit conditions (s 5, s 7). The Commissioner/authorised officer decides whether a permit is granted and may impose conditions; they are also responsible for issuing or publishing delegations (s 6). Police members pay operational costs of giving effect to instructions and directions under s 9A, and the public bears the indirect costs of police deployment and potential disruption from permitted assemblies.

The Act therefore distributes compliance duties to event organisers and decision-making authority to the Commissioner and delegated police officers. It also shapes private behaviour by attaching criminal penalties to certain forms of disorder and non-compliance with police directions.

The Act sets out concrete duties for organisers, participants, police and authorised officers, and also confers specific rights or statutory protections.

Duties of organisers and notice content (s 5)

• An organiser who wants a permit “may give” written notice to the Commissioner (s 5(1)) but if they do, the notice must, with as much detail as is reasonably practicable, include information listed at s 5(2): date, assembly and disband times, place and boundaries, for processions the route and points where it halts and duration, names and addresses of the person/body giving notice and of the organiser, the purpose of the meeting or procession, an estimate of the number of participants, and particulars of any other matters prescribed (s 5(2)(a)-(h), (j)). Notices can be given at any police station (s 5(2) final para). Notices are to be provided not less than four days prior to the event unless the Commissioner or an authorised officer agrees to a shorter period and can be required to be verified to the Commissioner’s satisfaction (s 5(3)).

Duties of participants (s 4(1)-(2), s 9(1))

• Participants who observe the conditions and limitations specified in a permit may position themselves in or proceed over specified streets and are not guilty of offences under other laws regulating movement of traffic or obstruction solely because of acts done in participation, provided the meeting or procession substantially conforms with the permit (s 4(1)). However, a permit is deemed to contain a condition that participants must not obstruct free passage of ambulance, fire brigade or police vehicles; violating that condition means the meeting or procession is taken not to have conformed with the permit (s 4(2)). Participants who act disorderly to prevent a meeting’s business, obstruct emergency vehicles or otherwise impede the public use of streets beyond the permit-authorised extent, or who incite others to do so, commit an offence (s 9(1)).

Duties and powers of the Commissioner and authorised officers (ss 5-7, 6)

• The Commissioner or authorised officer must act “expeditiously” on receipt of a notice (s 5(4)). They may grant permits, grant permits subject to conditions or limitations, or refuse (s 7(1)). A refusal is permissible only where there are reasonable grounds to apprehend serious public disorder or damage, a public nuisance, an obstruction too great or prolonged in the circumstances, or jeopardy to safety (s 7(2)). The Commissioner may delegate functions by Gazette determination to commissioned officers, whose exercise of a delegated power is treated as the Commissioner’s exercise of that power (s 6(1)-(4)).

Police duties and directions (s 9A)

• The Commissioner may give instructions to any or all police members to regulate traffic, prevent or remove obstructions and maintain order in streets (s 9A(1)). Under those instructions, police members may give reasonable directions to persons in order to effectuate the instruction; persons who know of such a direction but do not comply commit an offence with a $2,000 penalty (s 9A(3)-(4)). Instructions cannot be used to frustrate authorised meetings or specified pre-authorised road closure events (s 9A(2)).

Rights and protections for permit holders and participants (s 4(1), s 9(2)-(3))

• Substantial conformity with a permit provides a form of statutory immunity from being charged under other Acts regulating movement of traffic or obstruction for acts done solely in participation (s 4(1)). The Act provides evidentiary protections in criminal proceedings: in proceedings for s 9(1) offences, the prosecutor need not prove that a permit had been granted or that the meeting/proceeding was pursuant to a permit in the absence of evidence to the contrary (s 9(2)); in other offences, if the accused satisfies the court that the meeting was pursuant to a permit, it will be presumed (absent contrary evidence) that the permit was properly granted and that the meeting substantially conformed with the permit (s 9(3)). Those presumptions shift evidentiary burdens in ways that can materially affect prosecutions.

Civil liability protection (s 10)

• Persons acting, or ordering or authorising acts, to carry out the provisions of the Act are insulated from actions for damages except when the acts were done maliciously and without reasonable and probable cause (s 10). This limits successful civil claims against police and others executing the Act, unless the claimant can establish malice and lack of reasonable cause.

Administrative review rights (s 8)

• Where notice was given not less than four days before the proposed event, the organiser has a right to apply to the State Administrative Tribunal to review a refusal, contest conditions on a permit, or review unreasonable handling of the application (s 8(1)). “Unreasonably” is defined by reference to lack of expeditiousness (where there is a risk the application will not be dealt with sufficiently expeditiously) or otherwise where there is good cause for review (s 8(2)). This gives applicants a judicially reviewable administrative route though only where time and notice conditions are satisfied.

Regulatory margin (s 11)

• The Governor has a regulation‑making power to prescribe matters necessary or convenient to give effect to the Act. This allows the executive to add procedural or substantive detail by regulation (s 11).

Taken together, these duties and rights create an administratively managed pathway for lawful assembly in streets, allocate operational discretion to police, and provide both criminal and civil legal effects contingent on permit compliance. The Act makes organisers responsible for presenting sufficiently detailed notices, gives police powers to direct and maintain order, and supplies both evidentiary advantages and civil protections to those acting under the scheme.

The Act specifies discrete criminal offences and penalties, and it establishes operational enforcement powers through police instructions and directions.

Specified offences and penalties

• Disorderly or obstructive conduct at permitted meetings/processions: Section 9(1) criminalises certain behaviour at or in relation to a public meeting held or a procession conducted pursuant to a permit. The proscribed conduct includes acting in a disorderly manner for the purpose of preventing the meeting’s business, obstructing the free passage of ambulance, fire brigade or police vehicles, impeding public use of a street beyond what is authorised by the permit, and inciting others to do any of those acts (s 9(1)). The penalty for that offence is $200.
• Non‑compliance with police directions given under police instructions: Section 9A(4) creates an offence where a person, knowing of the existence of a direction given by a police member under the Commissioner’s instruction (s 9A(3)), does not comply. The penalty is $2,000, a substantially larger monetary sanction than the s 9 offence.
• Other offences: The Act contemplates prosecutions under other Acts regulating traffic, pedestrians and obstruction. The Act’s evidentiary provisions affect the conduct of those prosecutions (s 9(2)-(3)).

Enforcement mechanisms and practical effect

• Police instructions and directions: The operational enforcement mechanism is founded on the Commissioner’s power to give instructions to police members for maintaining order in streets (s 9A(1)). Those instructions authorise police members to regulate all forms of traffic in streets, to prevent or remove obstructions, and to maintain order (s 9A(1)(a)-(c)). Police members acting under an instruction may give reasonable directions to persons to give effect to the instruction (s 9A(3)). The framework places the day‑to‑day enforcement discretion in police hands; members exercise powers to direct and to arrest or charge for non-compliance under s 9A(4) and s 9(1).
• Evidentiary presumptions and prosecutorial ease: For prosecutions under s 9(1), s 9(2) provides that if the charge alleges that a permit had been granted or that a meeting or procession was held pursuant to a permit, the prosecutor “shall not be necessary” to prove such facts “in the absence of evidence to the contrary.” That reduces the prosecutor’s evidentiary burden on those points unless defence evidence is produced. For prosecutions under other Acts, s 9(3) places an initial onus on the accused to satisfy the court that the meeting or procession was pursuant to a permit; if the accused does so, the court presumes, absent contrary evidence, that the permit was properly granted and the event substantially conformed with the permit. Practically, these rules can streamline prosecutions where permits exist, and they also supply procedural leverage to permit-holders in other prosecutions.
• Civil liability constraint: Section 10 reduces the risk of civil suits against officers or others acting under the Act by excluding claims for damages unless the plaintiff proves malice and absence of reasonable and probable cause. That raises the evidentiary threshold for civil plaintiffs seeking compensation for police actions carried out under the Act.

Limits on enforcement powers

• The Act places a statutory limit on the exercise of police instruction powers: instructions must not be given for the purpose of frustrating a meeting or procession authorised under a permit, or for frustrating events on roads closed under specified provisions of the Road Traffic Act 1974 and the Major Events Act 2023 (s 9A(2)). That constraint is phrased as a prohibition on the purpose for which the instructions are given, not a prohibition on police action per se.
• The refusal threshold for permits is also limited by statute: a permit may be refused only where there are reasonable grounds to apprehend serious public disorder or damage, a public nuisance, an obstruction too great or prolonged, or danger to persons’ safety (s 7(2)). These are statutory conditions that constrain arbitrary refusals, though the statute leaves “reasonable ground for apprehending” open to interpretation.

Procedural enforcement

• “Act expeditiously” requirement: The Commissioner or authorised officer must act expeditiously on receipt of a notice (s 5(4)); however, the Act does not prescribe a hard deadline for decision-making, leaving timeliness subject to the reasonableness standard and the review jurisdiction of SAT where notice was given not less than four days before the event (s 8).
• Delegation: Because delegations to authorised officers are permitted and the authorised officer’s state of mind counts as the Commissioner’s (s 6(4)), enforcement choices made by those officers are treated as made by the Commissioner. Gazette publication of delegations is required but need not include conditions or limitations (s 6(2)), which affects transparency about who has enforcement authority in particular parts of the State.

In sum, the Act combines criminal penalties for particular misconduct at permitted events with the practical enforcement mechanism of police instructions and directions. It also modifies evidentiary burdens in criminal proceedings involving permitted assemblies and narrows civil liability for persons acting under the Act. The net enforcement architecture centralises operational power with police while creating statutory limits on permit refusals and on the use of instructions to frustrate authorised events.

The Act contains several explicit cross‑references and creates evidentiary and operational interactions with other statutory regimes. The principal interactions are with the Road Traffic Act 1974, the Major Events Act 2023, statutes governing the Police Commissioner (Police Act 1892 referred at s 3), the State Administrative Tribunal scheme, and general criminal and traffic laws.

Interaction with Road Traffic and Major Events statutes (s 9A(2))

• Section 9A(2) provides that police instructions for the purpose of maintaining order in streets are not to be given for the purpose of frustrating (a) the holding of a meeting authorised under a permit granted under this Act, (b) the holding or conduct of an event on a road closed under an order made under Part VA of the Road Traffic Act 1974, or (c) the holding or conduct of a major event as defined in the Major Events Act 2023 when the road is closed under the Major Events Act 2023 s 26(1). This places a statutory limitation on the purpose for which police may use s 9A instructions and creates a point of coordination between the Public Order in Streets Act and road‑closure and event regimes. The text does not create a hierarchical allocation of powers but forbids the use of s 9A instructions to frustrate certain authorised events.

Police Act and institutional linkage (s 3)

• The Act defines “Commissioner” as the Commissioner of Police appointed under the Police Act 1892 (s 3). That links the identity and appointment of the decision-maker to the Police Act framework and embeds police institutional structures in the permit/instruction regime.

Interaction with State Administrative Tribunal jurisdiction (s 8)

• Section 8 confers a right to apply to the State Administrative Tribunal for review in specified circumstances where notice was given not less than four days before the event. The compilation notes indicate the 2004 amendments that transferred review jurisdiction to the SAT (Compilation table: State Administrative Tribunal Amendment and Repeal Act 2004; notes). That places administrative review within Western Australia’s specialist tribunal regime and engages the SAT’s procedural and remedial remit.

Evidentiary interaction with other criminal and traffic laws (s 4(1), s 9(2)-(3))

• Section 4(1) grants participants substantially conforming with a permit an immunity from being found guilty of offences against the provisions of any other Act or law regulating movement of traffic or pedestrians, or relating to the obstruction of a street, provided the acts were done solely for the purpose of participation in the permitted meeting or procession. Section 9(2) and s 9(3) create evidentiary presumptions in criminal proceedings under the Act and in other prosecutions: prosecutors need not prove the granting of a permit in s 9(1) prosecutions absent contrary evidence, and accused persons who can establish that an event was held under a permit will benefit from presumptions that the permit was properly granted and the event conformed with the permit in other proceedings. These provisions directly shape enforcement and prosecution under other statutes such as traffic or local government obstruction offences.

Delegation, publication and administrative law

• Section 6 permits delegation of the Commissioner’s functions to commissioned officers by determination published in the Government Gazette. The Gazette need not publish the conditions or limitations of the delegation (s 6(2)). This means that while the identity and area of authorised officers will be publicly available, the precise confines or qualifications that the Commissioner may have set out need not be published. This interacts with principles of administrative transparency and may affect grounds for judicial review or SAT intervention on procedural fairness or reasonableness, where a decision-maker’s delegation instrument or conditions are relevant.

Regulation-making power and consequential rule-making (s 11)

• The Governor’s power to make regulations “as to any matters necessary or convenient to be prescribed for giving effect to the purposes of this Act” (s 11) creates scope for subordinate legislation to flesh out notice particulars, procedural formats, verification requirements or other operational details. Regulations could also interact with other statutory regimes by aligning forms, fees (though no fees are specified in the Act), or processes with the Road Traffic Act or SAT rules.

Civil liability and other tort or statutory claims (s 10)

• Section 10 limits civil liability for persons acting under the Act, affecting remedies under tort law or statute for wrongful interference with property or liberty. The provision creates a fault threshold,maliciousness and absence of reasonable and probable cause,below which civil claims are barred. This will interact with general civil remedies and any statute that provides damages for wrongful acts by public authorities.

Practical interaction considerations

• Local authorities, event organisers and owners of private thoroughfares should be aware that the Act’s scope for “streets” includes private property used by the public (s 3). This can create overlap with local government regulation of footpaths, traders’ permits, development approvals and other local laws even though the Act itself does not reference local government powers.
• The Act’s evidentiary and immunity provisions can affect prosecution strategy in cases involving obstruction and traffic offences, and they create practical considerations for evidence collection to rebut presumptions.
• The Act does not displace other criminal statutes; rather it creates a tailored framework that interacts with them , for example, an organiser could still be charged with an offence under another Act if the meeting did not substantially conform with the permit or where the participant’s conduct falls outside “participation” within s 4(1).

In short, the Act is designed to operate alongside and to coordinate with, but not wholly subsume, other statutes which regulate traffic, road closures, major events, police powers, and administrative review. The statutory cross-references and evidentiary provisions shape enforcement, institutional responsibility and the exercise of police direction powers.

The Act’s compilation table and notes record its original enactment, reprints and a set of later amendments that materially changed institutional allocation and added powers.

Original enactment and short title

• The Act was originally enacted as the Public Meetings and Processions Act 1984 (23 of 1984), assented to 31 May 1984 and commenced on 1 December 1984 (compilation table). The short title was subsequently changed to the Public Order in Streets Act 1984 (note under s 1).

2004 amendments (multiple Acts)

• State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (No. 55 of 2004): This amendment transferred certain review jurisdiction to the State Administrative Tribunal and is reflected in changes to s 8 (compilation table entries; note in Other notes). The reprint as at 22 July 2005 incorporates these changes.
• Criminal Law Amendment (Simple Offences) Act 2004 (No. 70 of 2004): This Act is cited in the contents as having inserted a long title and as the source of s 9A insertion (s 9A inserted No. 70 of 2004 s 78). The compilation table records amendments made by No. 70 of 2004, with commencement of those amendments on 31 May 2005 (see the compilation table).
• Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (No. 84 of 2004): This Act appears in the compilation table with s. 80 and 82 cited; these provisions effected consequential changes and commenced 2 May 2005.

Reprints

• The Act has published reprints, including a reprint as at 16 August 2002 for the original title and Reprint 2 as at 22 July 2005 which incorporates the 2004 amendments (compilation table).

2023 amendment (Major Events Act link)

• Major Events Act 2023 (No. 12 of 2023), s 112 amended s 9A(2) to include a cross-reference to major events under the Major Events Act 2023 s 26(1) (compilation table entry: Major Events Act 2023 s. 112, assented 22 May 2023, commenced 23 May 2023 as per compilation table). The insertion explicitly bars the use of police instructions for the purpose of frustrating major events held on roads closed under the Major Events Act 2023 thereby coordinating the public order regime with statutory major-event closures.

Other consequential and transitional notes

• The compilation notes refer to the State Administrative Tribunal Act 2004 and its regulations and transitional provisions relevant to the transfer of review jurisdiction; these transitional instruments are noted as potentially relevant to the Act’s operation (Other notes).
• The Courts Legislation Amendment and Repeal Act 2004 Sch. 2 cl. 42 entry was repealed by the Criminal Law and Evidence Amendment Act 2008 s 77(13) and is recorded in the compilation notes.

Textual amendments inside the Act

• The Act’s sections include amendments noted in the marginal references: section 3 amended by No. 55 of 2004 s. 987; section 4 amended by No. 55 of 2004 s. 988 and s. 991; sections 6-9 were amended by the listed 2004 Acts; s 9A was inserted by No. 70 of 2004 s. 78 and later amended by No. 12 of 2023 s. 112(2). The short title amendment is recorded (s 1 amended No. 70 of 2004 s. 76).

Practical implications of amendments

• The 2004 amendments shifted review to the State Administrative Tribunal, inserted the Commissioner’s instruction power now at s 9A, and adjusted offences and evidentiary provisions. Those changes centralized police operational control (s 9A) and established the statutory right of review through the SAT in prescribed cases (s 8).
• The 2023 change aligns the Act with the Major Events Act 2023 by preventing s 9A instructions being used to frustrate specified major events (s 9A(2)(c)). That amendment integrates public order regulation in streets with the newer major-event road closure regime.

For practitioners, the compilation table and notes identify the specific amending instruments and commencement dates that should be checked when researching the Act’s current form. The Act’s reprints and the compilation notes are the source record of how operational and review arrangements have been altered, and they should be consulted for chronological statutory development when advising clients or litigating.

The statutory text and compilation notes supplied do not list or describe any case law interpreting the Public Order in Streets Act 1984. The Act’s text itself names no judicial decisions. The compilation table and “Other notes” section record amendments and reprints but do not include judicial history.

Practical consequence for research

• Because the provided source contains no cases, practitioners should search Western Australian judicial databases and tertiary law reports for decisions that interpret key provisions of this Act, including:
  • the scope of “substantial conformity” with a permit for the purposes of s 4(1) and s 9(3);
  • the meaning of “reasonable ground for apprehending” under s 7(2) in permit refusals;
  • applications to the State Administrative Tribunal under s 8 and any judicial review of SAT decisions or administrative action;
  • litigation construing s 9A (police instruction power) particularly where issues of “purpose” (prohibition on instructions given for frustrating permitted meetings or specified events under s 9A(2)) are contested;
  • civil claims invoking s 10 where plaintiffs seek to establish malice and want to overcome the Act’s protection from liability.
• In the absence of case material in the statute compilation, factual advisors should run dedicated searches across Westlaw AU, LexisNexis AU, the Australasian Legal Information Institute (AustLII), and WA court decisions for jurisprudence arising under these sections.

Areas where litigation is likely or foreseeable

• Reasonableness of permit refusals (s 7(2)) and the adequacy of processes in acting “expeditiously” (s 5(4)) are natural subjects for administrative law challenges and SAT referrals when notice requirements are met.
• The evidentiary presumptions in s 9(2)-(3) are likely to be litigated in contested prosecutions for obstruction and related offences, and courts may have considered the allocation of burdens these provisions create.
• The police instruction power under s 9A could be the focus of litigation where organisers or participants allege that directions were given with the improper purpose of frustrating a permitted meeting or interfering with an event authorised under road closure powers or the Major Events Act 2023.
• Civil claims for improper exercise of police powers under the Act might test the limits of s 10’s protection against actions for damages.

In summary, there is no litigation history recorded in the provided source. Practitioners must conduct case‑law searches to identify any judicial interpretation or precedent relevant to permit issuance, evidentiary presumptions, police instruction powers, SAT review outcomes, and civil liability exceptions under the Act.

This section highlights statutory features and practical traps embedded in the text that often matter in advisory and compliance work. All references below are to the provisions in the Act included in the supplied text.

1. Broad definition of “street” brings private property within scope (s 3)

• “Street” expressly includes roads not open to the public but nevertheless used by the public, and “thoroughfare” lists arcades, passages and doorways (s 3). Organisers or property owners may be surprised to find events on privately owned but publicly used spaces fall under the Act’s permit regime and police instruction powers.

2. Notice formality and the four‑day rule ties to right of review (s 5(3), s 8)

• The right to apply to the State Administrative Tribunal under s 8 applies only where notice was given not less than four days before the event. Notices given within a shorter period may still be accepted if agreed to by the Commissioner or authorised officer (s 5(3)(a)), but a shortened notice window forecloses SAT review rights under s 8. Practitioners should thus advise organisers of the consequences of shorter notice: faster processing may be obtainable, but it removes the SAT safety valve.

3. Deemed condition in every permit about emergency vehicles (s 4(2))

• Every permit is deemed to contain a condition requiring participants not to obstruct emergency vehicles. Breach of that deemed condition means the event is taken not to have conformed with the permit (s 4(2)). Practically this is a strict constraint on permitted assemblies: organisers must plan to avoid any obstruction of emergency services, and failure will strip participants of the statutory immunity in s 4(1).

4. Evidentiary presumptions are asymmetric and require careful handling (s 9(2)-(3))

• In prosecutions under s 9(1), the prosecutor need not prove the grant of a permit or that the event was pursuant to a permit “in the absence of evidence to the contrary” (s 9(2)). That language arguably places an initial onus on the defence to produce evidence refuting permit-related allegations. Conversely, in prosecutions under other Acts, s 9(3) requires the accused to satisfy the court that the event was pursuant to a permit before the presumption that the permit was properly granted and that the event conformed with it arises. These shifting and conditional burdens require careful evidential strategy by both prosecution and defence, and they affect beyond-Act prosecutions for obstruction or traffic offences.

5. Large delegation margin, limited publication of conditions (s 6(1)-(2))

• The Commissioner can delegate to commissioned officers by Government Gazette notice; the Gazette particulars suffice if they identify the officer and part of the State, and the Gazette need not publish conditions or limitations of the delegation (s 6(2)). That reduces publicly available detail about delegated powers and complicates challenges that depend on understanding the scope of the delegation.

6. “Act expeditiously” but no hard deadlines (s 5(4))

• The Commissioner or authorised officer “shall act expeditiously” on a notice, but there is no statutory deadline. If an application is not processed in time, s 8(2)(a) allows SAT review where there is reason to apprehend the application may not be dealt with sufficiently expeditiously, but that requires notice given not less than four days prior. Practitioners must manage timing and be ready to argue delay-related unreasonableness under SAT criteria.

7. Police instruction “purpose” prohibition may be factually contested (s 9A(2))

• Section 9A(2) prevents instructions being given for the purpose of frustrating authorised meetings or certain closed-road events. Whether a police instruction had the prohibited purpose is a question of fact and motive that may be hard to demonstrate or disprove. This creates a risk that police actions will be challenged on purpose but proved defensible as lawful maintenance of order.

8. Civil liability barrier is a high threshold (s 10)

• Section 10 bars actions for damages unless the act was done maliciously and without reasonable and probable cause. Proving malice and absence of reasonable cause is a high bar; claimants should be advised that ordinary errors in judgement or even negligence by officers will not, on the statute’s face, necessarily create civil liability.

9. No fees or prescribed forms in the Act; regulations may fill gaps (s 11)

• The Act does not prescribe fees or a standard form for notices or permits in the text provided. The Governor may make regulations (s 11) to fill procedural gaps; until regulations are in force, processes may be informal or vary by authorised officer. Organisers should ask local police about standard forms and verification requirements.

10. Funeral processions treated differently (s 5(1)(b))

• Notices are not required for funeral processions under s 5(1)(b). Organisers of funeral processions should nonetheless liaise with police to avoid unintended obstruction of emergency services or streets.

11. Penalty differences create enforcement incentive asymmetries (s 9(1) v s 9A(4))

• The s 9(1) offence carries a $200 penalty; failure to comply with police directions under s 9A(4) carries $2,000. The higher penalty for non-compliance with police directions (which may be given in the exercise of broad traffic‑regulation powers) incentivises compliance with on-the-ground police directions even where an organiser believes they have permit-based rights.

12. Administrative review limited to particular procedural posture (s 8)

• SAT review is available only in specific circumstances and only where the statutory notice conditions are met. There is no broad right to SAT review for every alleged unreasonable treatment if notice requirements were not satisfied.

These “gotchas” highlight where statutory wording creates practical risks, evidentiary burdens, or operational constraints that organisers, property owners and advisers must plan around. The statutory text delegates much operational power to police and affords them protection from civil liability while also creating regulatory checkpoints for permit applicants.

This section outlines step-by-step compliance measures, risk mitigations and evidence-preservation strategies grounded in the Act’s text to assist organisers, counsel and event planners.

1. Determine whether the assembly falls within the Act

• Confirm that the planned gathering is a “public meeting” or “procession” as defined (s 4(3)-(4)): it must comprise three or more persons; be for the purpose of communicating or expressing views to the public or demonstrating; and members of the public in general must be invited, induced or permitted to attend. If the meeting is purely private or solely for divine worship, the Act’s permit process may not apply (s 4(3)(b)). For processions, ensure it meets the movement and common-route requirements (s 4(4)).

2. Prepare and lodge the notice with required particulars (s 5(1)-(3))

• Prepare a written notice with as much detail as is reasonably practicable addressing s 5(2): date of event, assembly/disband times, place and precise boundaries, for processions the route and the extent of street occupation, halting points and durations, names and addresses of the notice giver and of the person/body organising the event, the purpose, an estimate of participant numbers, and any other prescribed particulars. Provide the notice at least four days before the event to preserve SAT review rights (s 5(3)(a) and s 8). If shorter notice is unavoidable, seek agreement from the Commissioner or an authorised officer promptly and document that agreement in writing (s 5(3)(a)).

3. Be ready for verification and record-keeping (s 5(3)(b))

• The notice may be required to be verified “in a manner acceptable to the Commissioner or an authorised officer” (s 5(3)(b)). Prepare to produce supporting documentation and to verify identity and capacity to organise. Keep dated copies of the notice, proof of lodgement (e.g. police station receipt), and any verification documents. These records will be important for evidentiary presumptions in criminal or traffic prosecutions (s 9(2)-(3)).

4. Liaise early with police and authorised officers (s 5(4), s 6)

• Contact the local police or the Commissioner’s authorised officer to discuss the proposed route, traffic management plans, stewarding, and emergency access arrangements. Because the Commissioner or an authorised officer “shall act expeditiously” on notice (s 5(4)), early liaison can speed resolution and reduce the risk of conditions or refusal. Obtain the identity and, if possible, the Gazette notice detailing authorised officers exercising powers in the relevant area (s 6(1)-(2)).

5. Plan to avoid obstruction of emergency vehicles (s 4(2))

• Every permit is taken to include a condition that participants must not obstruct emergency vehicles (s 4(2)). Design the event layout, stewards’ duties and route to ensure free passage at all times. Prepare contingency plans to immediately yield to emergency services.

6. Anticipate and reduce the likelihood of permit refusal under s 7(2)

• The Commissioner or authorised officer may refuse a permit only where there are reasonable grounds to apprehend serious public disorder, damage, a public nuisance, an obstruction that is too great or prolonged, or jeopardy to safety (s 7(2)). To mitigate these grounds:
  • Provide detailed crowd estimates and stewarding plans.
  • Propose a route that minimises obstruction and avoids critical thoroughfares or peak traffic times.
  • Provide traffic management and safety plans, including liaison with local authorities and emergency services.
  • Offer to accept reasonable conditions proposed by police and document compliance commitments.

7. Prepare to comply with police directions during the event (s 9A(3))

• Under s 9A(3) police members acting under a Commissioner’s instruction may give reasonable directions to persons. Non-compliance carries a $2,000 penalty (s 9A(4)). Ensure stewards and participants are briefed to follow lawful directions, and keep clear lines of communication between organisers and police during the event to resolve direction queries in real time.

8. Preserve evidence of permit, conformity and communications (ss 4(1), 9(2)-(3))

• Maintain physical or electronic copies of the permit and any written correspondence with police. Document steps taken to comply with permit conditions and to avoid obstruction. These records are critical if charged with an offence, because of the evidentiary provisions in ss 9(2)-(3) that affect burdens of proof and presumptions.

9. Implement stewarding and crowd-control measures to avoid s 9(1) offences

• s 9(1) criminalises disorderly conduct aimed at preventing a meeting’s business and obstruction of emergency vehicles or public use of the street beyond permit authorisation. Train stewards to prevent disorderly behaviour, to de-escalate, and to promptly remove disruptive individuals if necessary. Keep a plan for timely communication with police if disorder threatens safety.

10. Use the SAT review mechanism where appropriate and timely (s 8)

• If a notice was given not less than four days before the event and a permit is refused, a condition is objectionable, or the application was dealt with unreasonably, an application to the State Administrative Tribunal is available (s 8(1)). Be mindful of the statutory requirement that notice must have been given at least four days prior to maintain SAT review rights. In urgent situations where notice was shorter, seek agreement for a shorter notice and, at the same time, document any refusal or conditions to preserve grounds for later administrative challenge if factual circumstances permit.

11. Confirm delegation particulars and the identity of the authorised officer (s 6)

• Check the Government Gazette for the Commissioner’s delegation determinations that list authorised officers and their areas. Because the Gazette may not publish delegation conditions or limitations (s 6(2)), where the identity or scope of an authorised officer’s powers is relevant to an application or dispute, request written confirmation from police or the Commissioner’s office.

12. Consider civil risk and documentation for potential claims (s 10)

• Because s 10 restricts actions for damages unless the act was done maliciously and without reasonable and probable cause, document all steps taken in good faith to comply with the Act and any directions given by police. This will assist in defending any civil claims and in demonstrating that acts were not malicious or without reasonable cause.

13. Check for relevant regulations (s 11) and local practices

• Consult any regulations made under s 11 that prescribe particulars of notices or forms, and ask local police whether they operate standing forms, checklists or standard operating procedures for public meetings and processions. Absent regulations, local practices will determine operational detail.

14. Special cases: major events and road closures

• For events that intersect with road-closure regimes under the Road Traffic Act 1974 Part VA or with major events under the Major Events Act 2023, coordinate with the authorities that manage those schemes because s 9A(2) explicitly prevents the police instruction power from being used to frustrate events authorised under those provisions.

In short, compliance requires early planning, detailed notices, proactive liaison with police, documented evidence of conformity, stewarding and safety planning to mitigate the statutory refusal grounds, and readiness to follow police directions. Practitioners should advise clients to preserve documentary evidence carefully and to consider SAT review only where notice timelines permit.