MEDIA RELEASE: New Laws are Another Slap in the Face For the Right to Protest

The NSW Minns Government has released a media statement  today indicating that they wish to amend section 213 of the Crimes Act to insert a 200-penalty unit offence that will double the fines for blocking railways from $11,000 to $22,000.

The NSW Council for Civil Liberties opposes these draconian laws which continue the Minns Government’s unacceptable attack on the People of NSW’s right to protest. These laws have created a chilling effect on civil movements and social progress. 

Quotes attributable to Timothy Roberts, President NSWCCL

“NSWCCL was born in 1963 in response to a brutal and violent crackdown on a peaceful protest by NSW Police. The laws introduced by the Minns Government represent a return to dark and shameful days where the right to protest was curtailed, criminalised and where protestors were vilified in the press and arrested en masse".

“The anti-democratic crackdown on the right to protest continues to escalate under the watchful eyes of Premier Minns. Only yesterday, the Council raised serious concerns that the Minns Government had breached the statutory deadline in releasing the report into the Roads and Crimes Legislation Amendment Act 2022 (NSW). The Government’s attitude demonstrates how little regard they have for good governance and accountability”. 

“If anyone held a skerrick of hope that NSW Labor under the Minns Government would reignite the light on the hill, then this is another nail in that coffin. The introduction of another tranche of draconian anti-protest laws  represents another betrayal of the public’s trust by those who should stand to strengthen and defend civil liberties”. 

“We remind all those elected to parliament that they have a sacred obligation to uphold democratic principles; including what they may consider  “politically inconvenient” civil liberties and human rights, that make our country a liberal democracy. What we have seen under the Minns Government is the “white-anting” of civil liberties and human rights from within”. 

“The Council will continue to fight for the right to protest and will stand beside peaceful protestors. It is shameful that NSW continues to refuse to introduce a state based human rights charter that would protect the right to protest”. 

“NSW has attracted international criticism in its disregard of civil liberties and human rights, fast cementing the State as a backwater where fundamental civil liberties meet their death at the hands of a Premier more concerned about flirting with right wing media than contributing to meaningful law or policy reform that benefits the NSW public”. 

“At a time when international liberal democracies as well as other State jurisdictions are investing in strengthening civil liberties and inoculating their democracies from threats that seek to undermine public confidence in civil institutions, the opposite is happening in NSW. The public will never benefit from their right to protest being criminalised”

“This further tranche of anti-protest legislation will not stop protesters or protestors, particularly those who care deeply about the environment. It will not stop protest matters being rightly dismissed at Court. It is short-sighted and does nothing more than arm the police with more power against peaceful protestors who desire to stand side by side with their family members, their congregation and their friends and have their voice heard. There is a real risk that laws like this will give birth to larger, more chaotic and more disruptive protests”.

“You cannot arrest your way towards social cohesion. You cannot protect democracy by fundamentally restricting the cornerstone civil liberties that create it.  You cannot prioritise economic outcomes over human rights and civil liberties. You cannot sanction two tiers of citizenship - where some have more rights than others when it comes to the right to protest”. 

“This is the action of an unthinking Premier who seeks only to pander to the right wing media, emboldened by those in his party who have demonstrated a lack of courage in not standing up, speaking out and demanding that fundamental civil liberties be protected - not just today, but tomorrow and for generations to come.”

“We are living in extraordinary times. Our democracy will not irrevocably be damaged in one foul swoop - it will be a slow bleed, a death by a thousand tranches of repressive legislation being cemented together by populist narratives that seek to demonise and polarise”.

“NSW Council for civil liberties calls on all sectors of civil society as well as members of the public to oppose the laws. Our efforts and campaigns for the right to protest must continue to be coordinated, diverse and fearless.”

“These laws should be a concern to every parent and friends association, every place of worship, every student organisation, every Union, every legal representative body and civil society organisation and we call on them to concentrate their efforts on protecting the right to protest. We all have the capacity to cause positive social change - but we are stronger when we stand together”. 

“The NSW Council for civil liberties calls on those right minded journalists to fill the void left by many of our parliamentarians and speak up about this issue. You have a grave responsibility to ensure that governments are held accountable and their narratives are challenged”. 

“What is happening under the Minns Government is undoing decades long campaigns that fought for a better, more just, more inclusive and more democratic community for us all. With one stroke of a legislature pen, the Premier, his supporters and those who have not shown the courage to stand up and speak out threaten to undo all of that. What a shameful legacy to leave behind for the people of NSW”.