Controversial Police Approval of Sydney Neo-Nazi Demonstration Triggers Urgent Calls for Overhaul of Protest Laws

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Premier Chris Minns has suggested that NSW Police powers should be legally extended after the National Socialist Network (NSN) held a rally that was authorised by NSW Police.

Roughly 60 black-clad members of the neo-Nazi group gathered outside the NSW Parliament on Saturday morning. Attendees held a banner that read “Abolish the Jewish Lobby” and chanted Nazi slogans.

In a press conference on Saturday afternoon, Minns called out the “deploring, disgusting behaviour on Sydney streets”.

“It’s shameful, absolutely shameful,” he said, adding that he was “wrestling” with how to address the rally because “you don’t want to give these pissants more oxygen”.

“The reality is that if you give them an inch, they’ll take a mile. Does anyone really believe that after dabbling in racism in Sydney, they’ll just stop there?” This sentiment highlights the growing concern surrounding recent events in the city.

NSW Jewish Board of Deputies president David Ossip echoed those sentiments, saying: “It’s tempting to ignore the vile demonstration which was held today and avoid giving these dangerous neo-Nazis the attention they crave, but evil left unconfronted becomes evil that is normalised.”

Appearing alongside Minns, NSW Police Commissioner Mal Lanyon said a “breakdown in communication” led to the protest being authorised by police.

Under the NSW system, police cannot ban a protest but can refuse to grant it authorisation if, for instance, they believe it poses a risk to the safety of attendees or members of the public. Proceeding with an unauthorised protest can expose organisers and participants to penalties.

In a recent development, police were caught off guard as a protest took place in Sydney, organized by a group clad in black outside the New South Wales Parliament. Deputy Commissioner Lanyon clarified, “It was assessed by the police’s local command area at the time based on the available information,” emphasizing that neither law enforcement nor government officials had prior knowledge of the protest.

A group of black-clad men stand with their arms by their side in front of the NSW Parliament.

Speeches from the protest, which were shared widely on social media, revealed members of the NSN attributing their grievances to what they termed as ‘the Jewish lobby,’ whom they accused of undermining political freedoms. This rhetoric has sparked further debate about the boundaries of free speech and the influence of hate speech in public discourse.

Lanyon further explained that the command-level authorization for the protest was granted based on an assessment that anticipated no illegal or violent activities would occur. However, this incident has brought to light the challenges faced by authorities in balancing public safety with civil liberties.

In response to rising concerns, New South Wales has enacted new laws as of August, criminalizing the incitement of racial hatred in public spaces. Those found guilty could face severe consequences, including up to two years in prison or a fine of $11,000. These measures underscore the government’s commitment to curbing hate speech and protecting community harmony.

Minns suggested police powers should be expanded to block such demonstrations in the future.

“It’s likely the case that we need to give police more legislated powers to stop this kind of naked hatred and racism on Sydney streets,” he said.

“I want them to be met with a clear and unambiguous message from the government, from political leaders, from civic life, from average NSW residents, that we’ve got no interest in neo-Nazis in Sydney and in Australia.”

Lanyon said police would seek to “ensure the legislation currently permits us to do what is being requested, and certainly what the government quite rightly and the community expect, which is this type of division does not occur”.

“We’ll work closely with government to determine whether the current legislation is appropriate. If not, we’ll certainly seek assistance from government with that,” he said.

While not explicitly calling for expanded police powers, Executive Council of Australian Jewry co-chief executive Alex Ryvchin said “law enforcement and security agencies need the right legislative tools to monitor and disrupt violent extremists and to prevent them from menacing or physically harming peaceful Australians”.

Prominent Sydney criminal lawyer Nick Hanna warned against using today’s incident to tighten protest laws.

“While I find the NSN and its ideology to be repugnant, I support the right of its members to protest and oppose any attempt by the Minns government to exploit today’s events to push through more laws that curtail our right to peaceful assembly,” said Hanna, who has previously represented activist groups fighting police refusal to grant authorisation to their demonstrations.

“Minns’ use of today’s rally as a justification for giving the police more powers to shut down demonstrations appears disingenuous given that the police already had the power to apply to the Supreme Court for an order prohibiting the rally but chose not to use it,” he said.

Max Kaiser, executive officer of the Jewish Council of Australia, condemned “the antisemitic stunt held today” but also warned against granting the police further powers.

“The hate these fascists feel for Jews is the same hate they show for First Nations Australians, Muslims, Queer people and many others,” he said.

“Rather than giving police more power, the Jewish Council calls for united action to combat the far-right and root out the racism it breeds across society.”

The NSW Police has been contacted for further comment.

— With additional reporting from the Australian Associated Press