NSW protest laws ruled invalid by Supreme Court

Premier Chris Minns’ insistence on pursuing unprecedented police powers to curb protests, despite pushback from within his own party, has backfired after the Supreme Court ruled the law invalid.

Pro-Palestine protesters on Thursday won a challenge against the NSW government’s laws, which gave police the power to move on protesters near any place of worship, regardless of whether the protest was aimed at the religious group.

Justice Anna Mitchelmore found the law “impermissibly burdens” the implied freedom of political expression.

Minns first flagged the laws in December last year, citing the attack on Melbourne’s Adass synagogue, which federal authorities later revealed they believed was directed by Iran, as evidence that religious rights were under threat. The police powers were part of a suite of hate speech and protest laws to combat antisemitism after the Dural caravan incident, which was later described by police as a “con job”.

Labor MPs internally raised concerns about the “Draconian” police powers during a party room discussion in February, warning Minns they went too far.

The Herald previously reported multiple MPs were worried about the potential impact on peaceful protests. Anthony D’Adam, a Labor MP who has clashed with Minns in the past, unsuccessfully tried to move an amendment that would have put limitations on the police’s use of the powers.

In August, Minns again alienated members of his own party by announcing on ABC radio that a planned march for Palestine over the Sydney Harbour Bridge should not go ahead “in any circumstances”.

NSW Police launched a Supreme Court challenge against the protest, claiming it presented public safety risks, but the Supreme Court ruled in favour of the protesters. Environment Minister Penny Sharpe was among 12 Labor MPs who attended the march.

Questions over police powers at protests were raised earlier this year when former Greens candidate Hannah Thomas was injured during her arrest at a protest outside SEC Plating in Belmore located opposite a mosque. A police fact sheet for one of the protesters with Thomas, seen by the Herald at the time, cited a “place of worship” when describing their arrest.

Protesters claim the company provides parts used in the Israeli Defence Forces’ F-35 jets. The company denies this.

After Thursday’s court decision, Palestine Action Group organiser Josh Lees said it was proof Labor’s protest reforms were an “outrageous overreach”.

“Now [Minns] has massive egg on his face. These laws have been ruled out, thankfully at least in this matter, we’ve been able to uphold the right of the people of NSW to protest,” Lees said.

In a statement, Minns pointed out the decision only applied to police powers to move on protesters, and obstructing worshippers was still an offence.

“While it is disappointing, it is important to note that this does not mean there is free rein outside places of worship,” he said.

“Although the Supreme Court has determined that a police power to ‘move on’ persons engaging in obstructing, harassing and other conduct as part of a public assembly outside places of worship is invalid, the decision has no impact on the offence introduced recently in the NSW government’s places of worship laws that make it a crime to impede, harass, intimidate or threaten a person accessing a place of worship.”

Greens MP Sue Higginson described the law as a “Minns captain’s call” that went too far in limiting the rights of protesters.

“He created a moral panic. And when governments create moral panics, they make grave mistakes, and they do go too far,” she said.

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