Australian Grand Prix Act 1994
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.
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.
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
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
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
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.
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
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