Crimes Amendment (Obstructing A Railway) Bill 2024 – Second Reading Debate

Mr GREG PIPER (Lake Macquarie): I make a contribution to debate on the Crimes Amendment (Obstructing a Railway) Bill 2024, following my regional colleague the member for Maitland. A number of members in that area have particular awareness of the significant issue of the impact of protests on coal freight and the safety of people participating in such protests. The bill has been introduced following recent protest activity on the Hunter rail network, which disrupted both coal and commuter trains. We have heard from members about the importance of the right to protest. I put on record that I respect those rights. I have many friends who are involved in protests, particularly around thermal coal. Those sorts of protests are fundamental to our democracy. We would not be the society we are if we did not have people prepared to stand up and protest for what they believe is right. But the rights to protest are not absolute. They should not be exercised by people in a way that puts themselves or others at risk.

Protesters, for example, should not be creating a situation where rail workers and train drivers are scared to go to work because they are worried about a potential fatality. I do not know how many members in this Chamber know a train driver who has had the absolutely unimaginable experience of having to stop a massive train on rails as it headed towards somebody on the track. I know two train drivers who have been in that unenviable situation. Unfortunately, they were dealing with something that is way too common on our rail network: somebody looking to self-harm and take their own life. The same risk is there every time a train driver takes one of those massive vehicles along a line. It is a clear and present danger if protest activity is on that infrastructure.

There needs to be an appropriate balance between the right to protest on the one hand and public safety and order on the other. I believe that the bill strikes that balance. I do not believe that those who are opposing the bill have the balance right. I get annoyed when we presume that this is just sometimes an inconvenience for somebody in the public. It is not. Sometimes we are talking about life and death. It impacts on the rail network. People are reliant on rail for their public transport access to health services, for example, or legal services. Complicated things are happening in their lives that we do not happen to know about. The protesters do not know about it either, but they presume that their issue is more important on that day. We need to get the balance right. It is up to us to do that.

With respect, the bill will not change the longstanding offence of obstructing a railway; it will amend and increase the penalties imposed when the offence is dealt with summarily by the Local Court. In a nutshell, it will double the maximum financial penalty to 200 penalty points. Is that substantial? Yes, it is, of course. It is intended to be substantial. As such, the maximum penalty the Local Court could impose for this offence is two years imprisonment or 200 penalty units or both. My observation is that, even though the bill increases them, penalties still have to be dealt with through the judicial system. The judicial system is exactly that—it is judicial. It weighs and measures the extent of the offence against the community. That is what we are trying to do.

In my experience, more often than not a judiciary is very considerate and understanding of people who are heartfelt in their convictions in bringing about their protest and tries to take that into account. The judiciary needs to be able to take the right action. I absolutely support the Attorney General on that. We are out to take action in line with the majority of the community expectations and, where suitable, deter harmful conduct. In my view, the bill supports the message that protesting in a dangerous manner, seemingly without appropriate regard for the health and safety of oneself and others, is simply not acceptable. After that, those who make the call to lay charges, and the judiciary, will get the balance right. I hope the bill passes. At the same time, this is not about stifling the right of people to protest and put forward their heartfelt convictions on very important matters. Climate change and the coal industry are a part of that. We need to get this right.