The NSW Council for Civil Liberties (NSWCCL) celebrates the NSW Court of Appeal’s decision to strike down the Public Assembly Restriction Declaration (PARD) powers. This ruling confirms that the Minns Labor Government’s rushed, draconian laws were unconstitutional.
For the past several months, the NSW Government and NSW Police have knowingly wielded unconstitutional powers to harass and silence citizens protesting peacefully. Under the PARD laws, the Police Commissioner was granted unprecedented authority to unilaterally block authorised assemblies with zero transparency. Declarations to ban protests were made with no requirement for community consultation, and bypassed the Form 1 processes originally designed to assist organisations communicate with police when arranging demonstrations.
The government used the horrifying attack against the Jewish community in Bondi to push a repressive agenda against a legitimate right to assembly. They operated under the false premise that social cohesion can be prosecuted into existence and deliberately pursued the chilling effect of these laws that pushed citizens dissenting against unjust governments to the margins, disproportionately affecting First Nations and the Palestine solidarity movement.
Today is a victory. However, the NSWCCL remains alarmed at the blatant attempts of the Minns Labor Government to restrict democratic freedoms. Rushing legislation through under the cloak of night is a hallmark of this government, and without protections like a Human Rights Act in NSW, there is nothing but committed members of the civil society community stopping them from attempting to revive these unconstitutional powers under a different name tomorrow.
Comments attributable to Timothy Roberts, NSWCCL President
“In fighting for their causes Blak Caucus and Palestine Action Group have fought for and defended all of our rights and they deserve our congratulations and thanks for doing so.
“While the Courts have been able to protect our freedoms today, we have seen many examples in the past where the structure of our democracy, and an elected parliament at its core, prevents them from doing so.
“As a community we should be deeply concerned about the anti-democratic attitude of the Minns Government. The Premier has proven he cannot be trusted with our democratic freedoms, but the responsibility for his unconstitutional grab for power does not end with him.
“Ministers Penny Sharpe, Jihad Dib, David Harris, and Paul Scully, all gave evidence in Budget estimates this year putting on the record their individual and united cabinet support for the abhorrent laws. They should be united in receiving our condemnation for undermining the democracy that put them in power.
“It is beyond time for the NSW Labor parliamentary caucus to renew its leadership and hold those to account who abused their position to damage our democratic institutions at a time when we need them to be at their strongest and most trustworthy”.
Contact: Timothy Roberts, President
