Adelaide City Council welcomes the decision handed down by the Full Bench of the High Court today regarding its By-Laws.

The High Court of Australia ruled that Council had the right to make by-laws over the proper use of roadways, including a requirement for persons to seek a permit to preach. 

CEO Peter Smith said Council would need some time to review the full outcome but it at least gave some clarity in relation to how to move forward.

“Council welcomes the decision handed down by the High Court today. We also acknowledge and thank the Attorney General for his significant effort in this matter who initiated the appeal to the High Court,” Peter said.

“From a Council perspective, this case was purely about the legality of our by-laws – not about preaching per se.”

“Everyone has the right to free speech – and we are fully supportive of that - we just want to make sure that they exercise that right in a respectful way.”

Since the High Court matter began, Council has worked with the State Government which introduced a Model By-Law for Pedestrian Malls. Council adopted this Model By-Law as By-Law 11, which regulates the use of amplification as well as the use of equipment, such as platforms and stages in Rundle Mall. This has been effective in helping to reduce disruption caused by some preachers to traders and authorised permit-holders, such as buskers.

Council administration has met with the preachers on numerous occasions in an attempt to resolve this issue and will continue to work with the preachers in a co-operative manner in order to reach a suitable outcome for all.

“Council backs its decision to proceed with legal action in regards to permission to preach following a series of complaints from retailers and shoppers,” Peter said.

“We pursued this action vigorously because the safety, enjoyment and comfort of our shoppers and traders is paramount,” he added.

Council will continue to work with SAPOL in ensuring that visitors to the city continue to feel comfortable.