On Monday, the Sydney Morning Herald revealed Thomas had been charged under the laws introduced in late 2005 to give police more powers to stop “large-scale demonstrations” in the wake of the Cronulla riots in December that year.

Advocates say the treatment of pro-Palestinian protesters by NSW Police is highly concerning. Source: AAP / Flavio Brancaleone

But some lawyers say they are shocked the charge was ever laid, as the emergency police powers outlined in LEPRA cannot be invoked without high-level approval from the commissioner of police or premier, and cannot apply retroactively if that approval was never given.

“Even the police say that this would be an inappropriate misuse of police powers — in the NSW police submission when these laws were reviewed they said a peaceful assembly could never be categorised as a riot or other civil disturbance,” Human Rights Centre senior lawyer David Mejia-Canales told SBS News.

Hannah Thomas in hospital being treated for her eye injury, in a still taken from a video on her Instagram page. Source: Instagram / Hannah Thomas

Meija-Canales said the laws give police “unbelievable powers” that aren’t often used “for good reason”.

“We’re also really concerned about the fact that police do seem to be targeting protests for Palestine and also protests for climate action, maybe disproportionately and with incredible force, compared to other types of peaceful assemblies.”

Police confirmed four others were arrested on 27 June but were not charged with the same anti-riot offence as Thomas, as about 60 people protested outside a Sydney firm they say is manufacturing material used in Israeli fighter jets.

A still from an undated video showing police and protesters clashing outside a Sydney factory. The protesters said the factory was supplying material used in Israeli fighter jets. Source: AAP / Amanda King and Fabio Cavadini/PR IMAGE

What are NSW’s anti-riot laws?

Iemma stated the powers “are not intended to be used in respect of peaceful protests, union demonstrations and the like”.

Senior lawyer at Redfern Legal Centre Sam Lee said section 6A of LEPRA gives police extensive powers to move people on only if there is a risk of public disturbance.

“I would be surprised if anyone in the police department actually approved these charges of such calibre and therefore why an officer charged someone under 6A … it just doesn’t make sense”.

Allegations of bias

“That’s kind of the big unanswered question: under what legal authority were these quite extreme uses of force undertaken and the charges brought.”

A recent ADN report stated police have imposed particularly heavy-handed directions, surveillance and restrictions on protests carried out by SWANA (South West Asian and North African) and First Nations communities since 2019, based on reports from independent legal observers.

Pro-Palestinian protesters in Sydney’s Hyde Park in November last year. There has been regular pro-Palesitian protests in Sydney since the start of the Hamas-Israel war. Source: AAP / Flavio Brancaleone

“In 2023-24, police in NSW were observed by independent legal observers to target cars with Palestinian flags driving near Hyde Park during a rally for stop and searches, with drivers being fined for minor infringements such as tucking P plates under a number plate instead of on a bracket,” the report states.

SBS News contacted NSW Police for comment on claims the force appeared to be targeting protesters disproportionately. A spokesperson referred to McFadden’s earlier statement on Thomas’ charges and said further comment would not be provided as the matter is before the court.