Australian Grand Prix Act 1994
Criteria 1
My case study report will be on the Australian Grand Prix Act 1994. The major
changes are in the Act itself on an area where there was no previous law. The
Act also brought in other changes to other Acts such as the Environment Protection
Act 1970, the Health Act 1958 or the Local Government Act 1989 in the respect
of vehicle emissions in; or noise emanating from: the declared area in respect
of a year during the race period.
The main purpose of this Act is to establish an Australian Grand Prix Corporation
and the holding of an annual Formula One Grand Prix at Albert Park. On 24 May
1995 the Magistrates' Court brought down a decision that found that the Australian
Grand Prix Act 1994 failed to outlaw trespassing on site of the Grand Prix at
Albert Park. The Australian Grand Prix retrospective Amendment Act 1995 was
passed to close up the loophole.
Criteria 2.
The Australian Grand Prix Act 1994 was introduced to set up a Corporation and
to have the Formula One Grand Prix at Albert Park for the Economical reasons
such as, to try and get Victoria out of the red, to increase Tourism, to improve
facility at Albert Park and to have more employment. The original Australian
Grand Prix Act 1994 failed to fulfill the requirements of the Act because it
did not specify a 12-month period in which areas of Albert Park would be then
"declared" as sites. This resulted in a loophole and the charges were
dropped against the demonstrators. The designated period mentioned of 1994 to
1995, could be viewed as meaning up to two years. The Australian Grand Prix
retrospective Amendment Act 1995 purpose is to make further provisions in relation
to the declared area under the Australian Grand Prix Act 1994.
Criteria 3
There were many conflicting attitudes in making the Australian Grand Prix Act
and in choosing of the site of where the Australian Grand Prix would be held;
Mr. Kennett believes Albert Park to be the best site for the Grand Prix while
Mr. John Brumby suggested the Docklands as being a more suitable site to host
the Grand Prix. The Docklands have an established park since the 1980's and
have a Central Business District so they believe it would be a better alternative
site for the Grand Prix. The Docklands is also offering advantages that cannot
be matched by Albert Park according to Ms Crooks. She says that the Australian
Grand Prix at the Docklands fits with Mr. Kennett's Government policies for
the area and for Tourism.
Since Melbourne had won the right to stage the Formula One Grand Prix, there
have been a number of orchestrated scare campaigns aimed at undermining the
event and playing down the significant benefits it will bring to Victoria. With
the environment, Mr. Kennett wants to cut down the old trees and plant new trees
elsewhere, while The Save Albert Park group say that the new trees will take
years before they have any substantial effect on the environment;
The Save Albert Park group and the Environmentalists argued that there would
be dramatic effects that would destroy the parkland. Some points that were made
were: the chopping down of all the old trees; polluting the ozone and the impact
on nature and the wild life that live in or near the Albert Park. Another point
that was raised was that Mr. Kennett secretly signed a deal giving Melbourne
preference to host the Grand Prix and that he did not consult the people of
Melbourne if they wanted it.
In December 1995 the Premier announced that Melbourne had won the right to
hold the Australian Grand Prix at Albert Park. The Government also wanted the
Grand Prix held at Albert Park mainly because it used to be a race track in
the 1950's and to restore the Park, and improve the facilities. Many people
believe the law had gone too far by passing a retrospective amendment Act on
the Australian Grand Prix Act 1994. Mr. Kennett blames protesters for a $2 million
blow out in security costs. Mr. Brumby say's the Melbourne Grand Prix should
be bringing the community together rather than dividing people and putting Victorians
against Victorians and the attempts by Government to fence off the entire Albert
Park and to chainsaw and woodchip magnificent historic trees is unforgivable
and inexcusable.
There was also lack of public consultation, holding the race in a park and
not on a track like Sandown. Thirty-five percent of Victoria believe it should
go ahead, but somewhere else in Victoria. Law groups have attacked State Government
legislation establishing the Grand Prix at Albert Park, which will prevent challenges
to the Supreme Court.
Criteria 4
There were many groups who tried to move or change the Australian Grand Prix
Act; The Save Albert Park group was formed at the beginning of 1994. The group
has worked tirelessly to try to influence the Parliament to reject the Australian
Grand Prix bill that will bring the Grand Prix to Albert Park or to change the
bill to have it elsewhere. They also say it will impose unacceptable health
risks. They tied yellow ribbons on trees, they formed rallies to counteract
the building of the Grand Prix at Albert Park, had petitions signed and also
got well know individuals such as Pop-stars, to try and convince the public
and parliament not to bring the Grand Prix to Albert Park.
The Union had threatened to Black Ban Albert Park, which means no work or material's
can be delivered to Albert Park by workers in the Union. Civil Rights group
employed Barristers to find faults in the Australian Grand Prix Act 1994. Criteria
5.
There were many demands for the law to be change. Mr. Kennett is ignoring the
threats made by the Save Albert Park group, the Fire department and the Civil
right's group and threats made by the Union, but he did give compensation of
$1900 to people who had damage done to them or their houses if they made a claim
for it. The government passed a retrospective amendment Act on the Australian
Grand Prix Act 1994 to close up the loophole found by the Barristers employed
by the Civil Rights group that also stopped the demonstrators from getting changed.
The Save Albert Park Group vowed to continue there fight to have the event shifted.
Criteria 6
With the proposed changes in the law, the economic values such as job opportunities
will be far greater for the people who need work, and it will help get Victoria
out of the red. However, the environmental values will propose pollution, and
unacceptable heath risk for people who live near the Grand Prix and noise pollution.
The Freedom of Information Act 1982 does not apply to a document, whether or
not it was created before or after the commencement of the Australian Grand
Prix Act 1994, which is ignoring the rights of people to information about the
Grand Prix.
Criteria 7
The law-making body has formed a Cooperation to consult people before the race
period. The committee of management must, at the request of the Cooperation,
give the Cooperation the name and address of each person that has the right
of occupation of any part of Albert Park. Grand Prix organizers sought advice,
from specialists, on the issues of noise, air pollution, and local health issues,
tree removal, relocation and planting and the traffic management. No demands
for changes were met, i.e. there is still no compensation and the freedom of
information doesn't count for the Grand Prix. The law-making body was quick
to change that loophole, but otherwise they were slow in responding if they
had responded at all.
Criteria 8
There have been many negatives and positive changes in the law caused by the effects of
or on individuals' rights, society and the legal system.
Individual Rights; despite anything in the freedom of Information Act
1982 individuals have no rights to view any of the documentations made by the
Cooperation, and the right to sue and claim compensation, they also took the
right away from the demonstrators to demonstrate on public land.
Economic; economic benefits study confirm Melbourne received $82 million
in economic benefits from the event. From the Australian Grand Prix new jobs
will be created and tourist dollars will be flowing into the state and a significantly
improved Albert Park for their enjoyment.
Society; As a society we wanted the Grand Prix, but we had no real say
in what the Grand Prix Act can do to us. The race also generated the equivalent
of 31,000 part-time jobs.
The legal system; Parliament had passed a retrospective amendment Act,
meaning that the demonstrators who were arrested and found not guilty weren't
charged because of the loophole but now with the retrospective amendment passed
on the Australian Grand Prix Act they can now be changed.
