IN BRIEF
- A NSW court has struck down powers used to curb protest in the aftermath of the Bondi massacre.
- NSW Premier Chris Minns has said his government is “obviously disappointed” in the decision and stands by the laws.
The New South Wales Premier, Chris Minns, expressed his administration’s disappointment after a NSW court invalidated powers that had been enacted to limit protests following the tragic incident at Bondi.
The measures, quickly legislated in December, granted the police commissioner the authority to issue declarations that restricted residents from obtaining permits for demonstrations in significant Sydney areas for up to three months following a terrorist attack.
This legislation left demonstrators at risk of arrest if they caused disruptions by moving through the streets during their protests.
Minns justified the laws, stating they were crucial for restoring order and peace after a horrific attack where two gunmen targeted a Hanukkah celebration at Bondi Beach in mid-December, resulting in 15 fatalities. However, various activist groups challenged the government’s stance, prompting them to seek legal action.
‘A blunt tool’
On Thursday, Chief Justice Andrew Bell ruled that the laws posed an “impermissible burden” on the implied constitutional right to free communication concerning government and political affairs.
In his decision for the NSW Court of Appeal, Chief Justice Bell remarked that the declaration scheme was a “blunt tool.”
“It is not enough that the legislature perceived the need for strong action to preserve the cohesion and safety of the community…
“The system of government established by the Commonwealth constitution does not permit the state to pursue such an objective by authorising the executive to impose such a sweeping and indiscriminate restriction on all public assemblies.”
The NSW government will be forced to pay costs to Palestine Action Group and Blak Caucus, which could be in the hundreds of thousands of dollars.
As the judgment was handed down, supporters donning traditional Palestinian keffiyehs let out whoops and cheers, patting the lawyers on the back and thanking them for their work.
“This is a big win for everyone who cares about the right to protest, who cares about democracy in New South Wales, and, of course, who cares about a free Palestine,” Palestine Action Group spokesperson Josh Lees told reporters outside court.
Though the restrictions are no longer in place, they were not eased until February, about a week after police violently broke up a Town Hall protest opposing Israeli President Isaac Herzog’s trip to Australia.
During the crackdown, dozens of attendees were pepper-sprayed while others were beaten and arrested by police.
The event was also policed under a major events declaration that gave authorities powers to clear the area at their determination.
Minns says government ‘obviously disappointed’ by decision
Asked about the laws ahead of the court’s decision, Premier Chris Minns continued to back them.
“I’m not saying there wasn’t clashes, I’m not saying it wasn’t difficult, and I don’t regret moving that legislation at all,” he said.
“It’s tricky when you’re introducing changes to legislation like that because there’s a necessary infringement on constitutional principles.
“But there are other constitutional principles: the right of individual citizens to go about living their life free of intimidation, persecution or violence.”
Minns said his government was “obviously disappointed” by the court’s decision and continued to stand by the laws.
“This was in the aftermath of the worst terrorist attack our country has seen,” he said.
“We believe it was necessary and important for Sydney at the time.”
Activists’ lawyer vows to keep fighting ‘anti-democratic laws’
Greens MP Sue Higginson said the court’s decision was an indictment on Minns’ performance, saying he bore responsibility for police brutality at the February protest.
“This is a real reminder of how our state premier Chris Minns has failed the people, has failed to understand his job and has failed our democracy,” she told reporters.
The NSW government’s attempts to block a pro-Palestine rally at the Sydney Harbour Bridge and allow police to move on protesters who affect a person’s ability to enter or leave a place of worship were previously struck down by the courts.
Nick Hanna, a solicitor working for Palestine Action Group, said this pattern was likely to continue.
“If they keep passing anti-democratic laws, the people of the state will keep challenging them,” he said.
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