Nazis previously held ‘end immigration’ rally outside NSW parliament

Neo-Nazis have previously been allowed to protest outside NSW parliament without intervention from police or the Minns government in one of a string of increasingly brazen gatherings by the extreme right which have tested police powers.

Police and the state government are investigating how 60 black-clad neo-Nazis were able to hold a rally against Jewish groups outside Parliament House on Saturday.

The rally has sparked anger within senior police ranks and the Minns government. Commissioner Mal Lanyon has said a “communications error within the police force” meant neither he nor Premier Chris Minns were informed about the gathering despite the group, the National Socialist Network (NSN) giving notice on October 28 of their intention to hold the rally.

On Sunday, Penny Sharpe, leader of the government in the Upper House, said the protest “should never have been allowed to happen”.

“What we saw yesterday was not free speech – it was hate speech and it should not be tolerated,” she said.

The protest immediately prompted Minns to raise the prospect of new laws to combat neo-Nazis.

But the Herald can reveal Saturday was the second time the neo-Nazi group has protested at Parliament House. In June, the same group held a rally at the same location.

That protest was billed as being against immigration and the rising cost of living, and included a speech by one of the same group leaders who spoke outside parliament on Saturday.

A video of the demonstration shows their members being ridiculed by a passer-by for wearing Union Jack insignia on their distinctive black jackets. About three dozen members attended.

Deputy Commissioner Dave Hudson revealed the rally had occurred in evidence provided to a parliamentary hearing this year.

Like in the case of Saturday’s demonstration, the group lodged a notice of its intention to protest ahead of the June rally. The notice, which said about 36 members intended to peacefully protest mass immigration and the cost of living, was lodged by White Australia. The NSN has rebranded to call itself White Australia and is forming a political party.

Despite the notice, it is unclear whether senior police, including then-commissioner Karen Webb, and the Minns government were made aware of the June protest before it occurred, or if, as in Saturday’s case, they were informed after.

While the government has flagged the possibility of introducing new laws after Saturday’s rally, police have not said why new powers introduced in August which banned incitement of racial hatred were not used.

The new powers make it an offence to intentionally incite hatred towards another person or group based on race. Video from Saturday’s rally shows two of the group’s leaders using antisemitic tropes while criticising not just Jewish groups but Jews in general.

NSW Police are reviewing footage of the protest to see whether any laws were broken.

In the same parliamentary hearing in July, Hudson said he thought the new laws “plugs some of those holes” in existing powers to break up neo-Nazi gatherings.

“I think there is a community expectation out there that some of the language in public that has been made should be an offence and, unfortunately, it hasn’t been,” he said.

While he doubted whether it would be possible to introduce legislation aimed at “targeting one ideology”, he noted police in the past had used various powers to stymie them – including in January 2024, when the same group was blocked from attending Australia Day events.

“I think it comes down to their behaviour, whether they are creating a disturbance or whether they are creating fear or intimidation of the local community, which would dictate whether they are given a move on direction and dispersed,” he said.

The notice to hold the protest on Saturday was issued by a known leader of the group, with the stated purpose of criticising Jewish organisations.

When asked whether that should have triggered greater alarm bells for police to escalate the notice, Sharpe said: “I would have thought that it would have … but it obviously didn’t. That’s why we’re getting to the bottom of it.”

While the notice was not escalated, police sought legal advice on whether the rally would be in breach of the Summary Offences Act. However, the gathering, including the use of a large banner reading “Abolish the Jewish lobby”, was not deemed to be illegal.

That was partly because of the size of the gathering, and the time and location at which it was held, meant that it was not deemed to be a safety risk.

NSW Opposition Leader Mark Speakman labelled the rally a “new low when it comes to racism and bigotry” and called on the police and the government to explain how it was allowed to go ahead.

“This wasn’t just free speech or offensive speech or disagreeable speech. These were thugs dressed in black shirts reminiscent of fascism and Nazism in the 1930s,” he said.

“This was designed to intimidate the Jewish community.”

In NSW, if police do not formally oppose a notice to hold a demonstration within a week of lodgement, the gathering is taken to be authorised.

Police can oppose a demonstration on a number on grounds, including a potential threat to public safety.

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