Letter to the editor, Sydney Morning Herald, 4 July 2008

04/07/2008

**The president of the Bar Association, Anna Katzmann SC, wrote a letter to the editor of the Sydney Morning Herald concerning comments by the New South Wales Government's World Youth Day spokesperson, Kristina Kenneally. The letter was published today, 4 July 2008. That letter is reproduced below:

**Ms Kenneally seeks to paint a rosy portrait of the new laws introduced last week to control the behaviour of people around the World Youth Day celebrations.� However, there are a number of important points that she misses.

First, true it is that there are other acts and regulations that contain similar wording.� However, two wrongs do not make a right.� On its face this law threatens basic civil rights.� Moreover, it is bad law to criminalize conduct by regulation and so avoid the level of parliamentary and public scrutiny that attends an act of parliament.

Secondly, there are some significant differences between the comparable provisions of the Sydney Cricket and Sports Ground Act, for example, and the World Youth Day Regulation.�

Thirdly, none of the other provisions of the other acts and regulations seek to control the conduct of people over such a vast part of Sydney as does this regulation.� There are over 680 declared world youth day areas to which it applies, including railway stations, parks, galleries and other public venues.

Fourthly, the timing of the introduction of the Regulation – two days before Parliament went into recess and 18 months after the World Youth Day Act was passed – is troubling.�

World Youth Day is meant to be a time of celebration.� It should not be marred by the introduction of silly – dare I say annoying – and unnecessary laws.

Anna Katzmann SC President, NSW Bar Association

4 July 2008

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