The Minns Labor government has reintroduced the Places of Worship police move-on power. This power was previously struck down by the NSW Supreme Court because it impermissibly burdened the implied constitutional freedom of political communication.
Comments attributable to Timothy Roberts, President NSWCCL
“The Places of Worship move on power has already been subjected to a successful constitutional challenge in the NSW Supreme Court at great expense to taxpayers and will be again. The redrafted move on powers willfully ignores the recent decision of the NSW Supreme Court and the Attorney General is mistaken if he believes otherwise.
“Religious institutions exercise significant and overt political power in Australian politics and this makes them a legitimate site of protest in a democratic society. So are the many civic places, like town halls, local councils and parks, of which the right to protest in or near may be eroded by these laws.
“Laws restricting protest near religious institutions will cause more community division by limiting avenues to voice concerns over political and social issues that religious institutions are involved in.
“NSW Police are being granted extraordinary broad, likely still unconstitutional, powers after they have completely let the people of NSW down by failing to take any action against Nazi groups.
“In reintroducing the move on power at places of worship, the Minns Government is showing great disrespect to democracy, the people of NSW and also to the Supreme Court.
“Last time this Bill was introduced, the Minns Government refused to do an inquiry into the Bill, which was then challenged in the Supreme Court and found to be unconstitutional. At the very least the NSW Government could send this to an inquiry so that they can avoid the same embarrassment. Instead, they are committed to making the same mistakes”
