Tough new anti-protest laws introduced in New South Wales are unlikely to deter committed activists, a leading human rights lawyer says.
Australian Lawyers Alliance national criminal justice spokesman Greg Barns SC said protesters would view the increased penalties "as a bull sees a red rag".
"People who are engaging in protest generally are happy to take the risk of being jailed or fined large sums of money because they're motivated by the cause," he said.
"You've got to ask the question: 'Why do you pass this legislation? Is it going to have a deterrent effect?' And the evidence seems to be that it won't have a deterrent effect."
Under new legislation passed by the New South Wales parliament in April, protesters can be jailed for up to two years and face fines of up to $22,000.
Police have said they will use the new laws to prosecute 10 people arrested during yesterday's climate protests that blocked traffic in the Sydney Harbour Tunnel and caused chaotic scenes in the CBD.
He said protests such as Monday's delayed people getting to work, potentially costing millions of dollars in lost productivity.
The government hopes the tougher penalties will encourage protesters to think twice.
"It's hard to imagine that $$22,000 fine or two years in jail won't deter a lot of people," Mr Speakman said.
"It may be there's a tiny core that will protest, regardless."
He said the New South Wales government would consider even tougher penalties if required.
"I sympathise with people who want to protest about climate change. It's a huge issue for all of us, especially for young people, but there are ways to go about it and there are ways not to go about it."
Sally-Anne Brown — a spokeswoman for the Blockade Australia, the climate activist group behind Monday's protests — said the new laws would not deter their activities.
"There are people who are significantly informed and distressed by the current policies and practices of the Australian government — and the state government that caters to that — and are prepared to take those risks," she said.
"It is terrifying to act out against these police powers that have been passed but it is necessary to disrupt people's sense of comfort around the existing system because the existing system is damaging our planet."
Mr Speakman said he was confident the new laws struck the right balance in protecting freedom of speech.
"People can still have rallies outside parliament in Macquarie Street. They can go on social media. They can go on the airways. There are plenty of ways to protest," he said.
"What we don't want to see happen is a tiny number of protesters wreak havoc for ordinary Sydneysiders who want to go to work, who want to get their kids to school, who want to get to their medical appointment."
Mr Barns said the balance ought to be tipped in favour of freedom of speech.
"The right to protest is part of the DNA of democracy, and it ought to be so, and laws have to be very careful in not curtailing activity, except to the extent [that] it can be said to be required if there is a danger to members of the public."
Tasmania last week passed similar anti-protest laws to those in place in New South Wales.
"These new laws are designed effectively to stop green protests at forestry sites and mining sites," Mr Barns said.
"There's a lot of disquiet about those laws because they impinge on freedom of speech and because they raise penalties."
Protests by striking teachers, nurses, midwives and train drivers planned for the rest of this week will not be affected by the anti-protest laws.
"The laws exempt protests in support of industrial action and there generally haven't been a problem with rallies that are motivated by industrial grievances," Mr Speakman said.
