On 18 July, the Supreme Court of Victoria made some orders about the McDonald’s protest in Tecoma. Below, we try to answer some frequently asked questions about these orders.
These answers should not be considered legal advice. If you have any concerns about how these orders affect you, you should see a lawyer.
Who do the orders apply to?
The orders only apply to 3 groups of people:
1. The 8 people named in the orders (the ‘Defendants’ or the ‘Tecoma 8’).
2. Anybody who entered the McDonald’s site, without their consent, between 1 and 17 July 2013 (‘Group A’).
3. Anybody who impeded the access of workers or vehicles to the McDonald’s site between 1 and 17 July 2013 (‘Group B’).
If you are not in one of these groups, then these orders do not apply to you.
Who exactly is in ‘Group A’?
Group A are the people who have actually trespassed onto McDonald’s land between 1 and 17 July. For example, it includes the people who have been on the roof of the property between those dates.
It does not include:
• People who have simply been protesting outside the site.
• People who have drawn on the hoardings or thrown things onto the site.
• People who have trespassed onto the site before 1 July or after 17 July.
Who exactly is in ‘Group B’?
Group B are the people who were actually involved in preventing people from entering the site between 1 and 17 July. They are the people who were in the blockade, when the trucks tried to enter.
It does not include:
• People who have simply been protesting outside the site.
• People who have simply been encouraging people not to enter the site.
• Anybody who tries to prevent entry to the site after 17 July.
What happens if I am in Group A or Group B?
If you are in Group A or Group B, the orders say that until 4pm on 1 August 2013 you must not:
1. Enter the site, the vacant block next to the site (the community garden), the driveway beside the site or the footpath in front of the site. Any entry to these places is strictly prohibited.
2. Physically interfere with the site in any way, or with McDonald’s right to possess the land.
3. Abuse, threaten, harass, intimidate or harm anyone at the site, or who is trying to enter or leave.
4. Throw anything into the site (or attempt to do so).
5. Damage or interfere with the fence, gate, lock or posts (or attempt to do so).
6. Damage or interfere with any vehicle (or its contents) which is entering or leaving the site (or attempt to do so).
7. In any way prevent, hinder or interfere with the free entry or exit from the site.
8. Enter the section of the Burwood Highway in front of the site for the purposes of doing any of the things listed above. You can use the Burwood Highway for any other purposes.
9. Do anything for the purpose of causing someone else to do any of the things listed above.
If I am in Group A or Group B, what can I do?
If you are in Group A or Group B, you can continue to protest against the development in any way that does not breach the orders listed above. For example, you can:
• Peacefully protest outside the prohibited areas (e.g., across the road);
• Talk to the media about your opposition to the development, and the impact it is likely to have on Tecoma and the Dandenong Ranges;
• Post your opposition to the development on social networking sites such as Facebook;
• Write to McDonald’s expressing your opposition to the development and the actions they have taken.
However, when expressing your opposition to the development, you must be careful not to advise or encourage people to do any of the things listed above. For example, you must not actively encourage other people to trespass onto the land, or to impede access to the site.
What happens if I disobey the orders?
If you are in Group A or Group B and you disobey these orders you may be charged with contempt of court. Possible penalties include fines, imprisonment or loss of your property.
What if I am not in Group A or Group B?
If you are not in Group A or Group B then these orders do not apply to you. That means you have the same freedoms to protest that you had before these orders were made.
You should be aware that if you trespass or prevent entry to the site, you may face criminal or civil sanctions. For example, it is possible that McDonald’s may issue further injunctions against people who trespass or blockade.
When do the orders end?
The orders are currently due to end at 4:00pm on 1 August 2013. This is because the next part of the court case is due to be heard at 10:30am that day. In that case the orders may be permanently ended or new orders may be made.
Further Explanation About the Orders
A number of questions have been asked about the information posted above about the orders. We try below to address as many of these as we can.
• Contrary to some reports, the orders do apply to people other than the Tecoma 8. They apply to anybody who falls into Group A or Group B as discussed in the previous information.
• When the description we gave talked about ‘the site’, we meant the land that McDonald’s owns, not the general protest site.
• The ‘footpath’ referred to in the information does refer to the temporary pedestrian pathway between the hoardings and the Burwood Highway. If you are in Group A or B you are prohibited from even walking there. Everyone else is free to walk past or stop and protest there.
• Group B only includes people who actually tried to prevent vehicles or people entering the site. This means that:
o It does not include people who have stood at the fence but have not participated in the blockade.
o It does not include people who have sat on the footpath but have not prevented anyone from entering because no-one attempted to pass.
o Although not entirely clear, it probably does not include people who sat on the footpath, but before attempting to block entry moved on when requested to do so by the police. However, if you were forcibly removed by the police you are probably included.
o It does include the people who stood in front of the trucks as they entered the Hazelvale Dairy on 1 July.
• Groups A and B are only described in general terms in the order. The people in the groups are not named. This means that there is a chance that even if you have trespassed onto the site, or been involved in the blockade, the authorities may not know. However, it is also possible that there will be photographic or video evidence of you engaging in such activities.
• If you are in Group A or B, you can go to where the tea/coffee heater is out the back. However, be careful how you get there – make sure you walk under the shop awnings from Burwood Highway.
• Nothing in the orders prevents anyone contacting their local MPs asking for them to assist in the campaign or to review local planning laws.
• It is unlawful to try to prevent entry to the site. That means that if you try to prevent someone entering the site, you may face criminal charges or civil action.
