How much notice do I need to give for a protest in Queensland?

At least 5 business days before the assembly. If notice is given inside that period, the assembly is not automatically authorised and an order of the Magistrates Court is required. Notice goes to the Commissioner of Police, and also to the local government where the assembly is on land under its control.

Am I protected from arrest if I attend an authorised protest?

You do not incur civil or criminal liability merely by participating in an authorised assembly that is peaceful and substantially in accordance with the notice and any conditions. That protection ends if the assembly stops being peaceful, if you depart substantially from what was notified, or if the assembly was never authorised.

Does Australia have a constitutional right to free speech?

No. There is an implied freedom of political communication, which limits the power of parliaments to burden political discussion, but it is not a personal right of the kind found in the United States. Queensland does have the Human Rights Act 2019 (Qld), which protects freedom of expression and peaceful assembly and binds public entities.

What happens if the police impose conditions I disagree with?

Conditions form part of the authorisation, and departing from them can remove the statutory protection. If conditions are unworkable, the mechanism is to negotiate them, or to have the matter dealt with by the Magistrates Court under the Act, rather than to proceed and argue about it afterwards.

Crime

Protesting in Queensland

Published 23 June 2020 · Updated 25 March 2021

What free speech rights actually exist here

There is no general constitutional right to freedom of expression in Australia and no national statute conferring one. What exists is narrower.

An implied freedom of political communication. The High Court has held that because the Constitution requires a parliament chosen by the people, communication about political and government matters cannot be burdened without justification. It is a limit on legislative power, not a personal right you can sue on.
Obligations under the International Covenant on Civil and Political Rights. Australia has adopted the ICCPR, which recognises freedom of thought and conscience, the right to hold opinions without interference, freedom of association and peaceful assembly.
The Human Rights Act 2019 (Qld). Queensland now has its own statutory human rights framework, which protects freedom of expression and peaceful assembly and requires public entities, including police, to act compatibly with those rights.

Article 21 of the ICCPR recognises the right of peaceful assembly, subject to restrictions imposed in conformity with law and necessary in a democratic society for national security, public safety, public order, public health or morals, or the rights of others.

How the Queensland scheme works

The Peaceful Assembly Act 1992 (Qld) confirms the right to assemble peacefully in public and then sets up a notice process, with the possibility of conditions.

The organiser completes a notice of intention to hold a public assembly.
The notice is given to the Commissioner of Police, and to the relevant local government where the assembly is on land it controls.
The organiser may receive a notice of permission. Alternatively, if notice was given at least 5 business days before the assembly and no Magistrates Court order refusing authorisation has been made, the assembly is taken to be authorised.
If less than 5 business days notice was given, an order of the Magistrates Court authorising the assembly is needed.

Conditions can be imposed, usually about route, timing, traffic management or numbers. Once authorised, you are free to run the assembly in the manner and on the conditions approved.

Can you be arrested at a protest

A person who participates in an authorised public assembly that is peaceful, and substantially in accordance with the particulars in the notice and any conditions imposed, does not incur civil or criminal liability merely by participating.

That protection is conditional in three ways, and each of them does real work.

The assembly has to be authorised. If no notice was given, the protection does not apply and ordinary offences do.
Your participation has to be substantially in accordance with the notice and conditions. Departing from the approved route or blocking a road that was not part of the plan takes you outside it.
It has to remain peaceful. The moment it is not, the protection is gone and charges such as public nuisance, obstruct police, or wilful damage become available.

If you are attending rather than organising, find out before you arrive what was notified and what conditions apply. Ask the organisers. You are relying on their paperwork.

Where restrictions come from

The right to peaceful assembly has never been absolute. The ICCPR itself contemplates restrictions imposed by law where necessary for public safety, public order or public health, and permits further derogation during a declared public emergency.

That is the mechanism that allowed public health directions during the COVID-19 period to sit alongside the assembly right, and it is the same mechanism that would apply to any future emergency declaration. Queensland also has specific offences aimed at particular protest tactics, including the use of devices designed to make removal difficult.

The short version

Lodge the notice of intention, and lodge it at least 5 business days out.
Run the assembly the way you notified it, and comply with any conditions.
If you are attending rather than organising, find out what those are.
Keep it peaceful. Everything you are protected by depends on it.

If you are charged at or after a protest, get advice before you speak to police. See our page on public order offences.

Last reviewed 3 August 2026 by the TWC Lawyers team. Queensland penalty units and court fees are indexed on 1 July each year. Check current figures before you rely on them, or ask us.