Recently over 170 protesters, including 14 children, were arrested in the Rising Tide protest and blockade at the world's largest coal port in Newcastle. 

These arrests have brought greater attention and critique to Australia’s increasingly restrictive protest laws, which have expanded significantly in recent years.

NSWCCL Vice President Lydia Shelly unpacks the recent Newcastle protest arrests and the broader fight for civil liberties on ABC RN Drive.

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On 26 November 2024,  the University of Sydney Senate endorsed in principle the Hodgkinson Report into protest activity at the university.

The report makes 15 recommendations to restrict protest activity on campus, including:

a) a complete ban on students addressing lecture halls before classes begin;

b) a complete ban on protest activity inside university buildings, including sit-ins;

c) a “civility rule” which will require speakers to “make the meaning of contested words and phrases clear to the audience”;

d) designating “uncivil” behaviour (ie rudeness) at student meetings as misconduct, with individuals responsible banned from holding office in student organisations;

e) the withdrawal of funding to student organisations where students do not “disagree well” (ie are rude) during official meetings;

f) the prohibition of encampments as a form of protest.

NSW Council for Civil Liberties wrote to the NSW Minister for Education Prue Car and to the secretary of the NSW Labor caucus urging the state government to urgently intervene to protect the right to the freedom of expression at the University of Sydney.

Yesterday, in Newcastle 170 people were arrested for protesting the fossil fuel industry at Rising Tide’s Blockade of the Newcastle Coal Port. This extraordinary number of people were arrested under NSW draconian anti-protest laws. 

The Minns government has announced its intention to impose harsher penalties on protests and peaceful demonstrations near railways, labelling such actions as “irresponsible and disruptive.”

Under new legislation to be introduced this week, the penalties for obstructing a railway would be doubled. The offence would carry a maximum fine of $22,000, up to two years’ imprisonment, or both.

Premier Chris Minns stated that the increased penalties are intended to deter such actions. “Protests on railway lines are seriously dangerous and disruptive, and they are not tolerated in NSW,” he said. “Train drivers, passengers travelling to work, and companies going about their business should not have to contend with protesters on the tracks – it’s that simple.”

This proposal is the latest in a series of anti-protest measures introduced or expanded under the Minns government, which has taken significant steps to restrict legal protest activities.

The Minns government has introduced new legislation to increase penalties for protests that obstruct railways. This has sparked more criticism of the NSW governments approach to protest rights.

The Crimes Amendment (Obstructing a Railway) Bill 2024 proposes a maximum fine of $22,000 for the offence, doubling the penalty that can had previously be implemented. This move has been criticised and seen as part of a broader escalation of anti-protest measures, designed to suppress dissent rather than address public safety.

In our submission NSWCCL raised concerns that criminal offences should remain a last resort given their impact on freedom of expression and the risk that police will use them to target people in discriminatory ways. 

On 15 November 2024, Transport for NSW declared an exclusion zone from Horseshoe Beach to Nobbys beach in Newcastle from 5pm on Thursday 21 November to 8:00am on Monday 25 November. The exclusion zone means that no vessels or people who are not authorised by Maritime or Police authorities can enter the exclusion zone.

The period overlaps with Rising Tide’s Blockade of the Newcastle Coal Port which commences tomorrow and runs until Tuesday 26 November. On-water activities were planned from Friday 22 November to Sunday 24 November.

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. 

The Australian Government’s treatment of refugees and stateless peoples is and has been a shameful mark on our shared history. Australia continues to  fail to uphold our international legal obligations. On 6 November 2024, the High Court of Australia found that it was also unconstitutional.

In YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 40,  the High Court found that the laws governing the imposition of onerous conditions like strict curfews and the use of ankle monitors were punitive and had no legitimate purpose. The NSWCCL welcomed this decision that would prevent the Government from punishing hundreds of people simply due to the status of their visa.  

This decision follows the landmark decision of the High Court, in NZYQ that found it was unlawful and unconstitutional for the Government to indefinitely detain stateless people. It was in response to that decision, the Albanese Government rushed to impose the punitive and reprehensible laws and visa conditions on the cohort of non-citizens released from indefinite detention that the High Court have now found were invalid.

Instead of welcoming the decision of the High Court, the Albanese Government is rushing to introduce new powers which would give the Minister for Immigration the power to authorise these exact same punitive conditions on people with bridging visas. Not only this, but the Bill seeks to allow the Australian government to create “third country reception arrangements” with foreign countries meaning that visa holders can be forcibly removed to foreign countries even if to do so risks their safety.

To its shame, both the Government and the opposition have maintained unconstitutional and unconscionable positions with respect to indefinite detention and the treatment of stateless persons and bridging visa holders The NSWCCL calls on them to heed the High Court’s Decision to which has curtailed the unlawful use of governmental power. 

The NSW Council for Civil Liberties has written to the NSW Attorney General asking for an urgent explanation as to why the NSW Government has failed to table a report into the review of the draconian anti protest laws. Failure to release this report amounts to a breach of section 214B of the Crimes Act 1900 (NSW). 

Section 214B of the Crimes Act 1900 (NSW) outlines that the government must table a report into the review of the Roads and Crimes Legislation Amendment Act 2022 (NSW). According to the legislation, this report was due on 1 October 2024.

The Roads and Crimes Legislation Amendment Act 2022 increased penalties for protesters who cause disruption to major roads, ports and train stations to $20,000 and imprisonment for up to two years and undermine the ability of people in NSW to protest. Two years on from the introduction of the draconian 2022 anti-protest laws, these laws have created a chilling effect on civil movements and social progress. 

Today the NSWCCL has written to the NSW Police Commissioner, Karen Webb calling for NSW police to respect the role of independent Legal Observers at the upcoming Rising Tide protest. 

Independent Legal Observers, who are generally volunteers, work to improve accountability from the police and protect the rights of protesters. Legal Observers perform tasks such as distributing information cards, briefing individuals on their legal rights, documenting interactions between protesters and the police through notes and photography, and video recording. They are recognised as Human Rights Defenders by the Office of the United Nations High Commissioner for Human Rights. Legal Observers fall under the protection of the Declaration on Human Rights Defenders.

NSWCCL is reiterating that NSW police urgently: 

1. Ensure that police officers are briefed on the role of Legal Observers and understand that role, its legitimacy, and Legal Observers' right to carry out that role unhindered. 

2. Ensure that police officers do not obstruct Legal Observers as they carry out this role.

3. Ensure that police officers do not instruct Legal Observers to direct protestors, but instead respect their independence. 

4. Ensure that police do not ask Legal Observers not to video, do not deliberately step in the way as videoing occurs, and likewise do not seek to prevent members of the public from recording interactions.

5. Ensure that Legal Observers are not required to produce their ID without grounds other than performing this role. 

NSW Premier Chris Minns’ has consistenly opposed drug decriminalisation, but despite this, a recent NSW parliamentary inquiry reccomended a roadmap for reforming cannabis laws.

The committee’s interim report advocates for a staged approach to reform, beginning this parliamentary term with a gradual relaxation of cannabis criminalisation, starting with increasing possession limits, reducing penalties for personal use, and reclassifying non-commercial cannabis sharing as possession rather than supply. The report also encourages limiting police search powers, and favours the use of cautions over arrests.

In a recent ruling, the NSW Supreme Court sided with the NSW Police in blocking a planned climate protest on Newcastle Harbour, citing concerns for public safety. The protest was organised by the climate campaign group Rising Tide. The court's order, delivered by Justice Desmond Fagan, does not outlaw the protest itself but restricts the use of the waterway for the demonstration.

Rising Tide has responded to this ruling, stating that people still have the right to protest on the beach and in the harbour. 

“The case was never about whether or not the People’s Blockade can go ahead. People do not need police permission to gather and protest on public land in NSW.”

“The People’s Blockade WILL continue!” the climate campaign group said. “It is NOT ILLEGAL to paddle on the waters of Muloobinba/Newcastle Harbour or to protest on a beach or park.

In August 2024, former President of the NSW Council for Civil Liberties and former NSW Director of Public Prosecutions, Nicholas Cowdery AO KC FAAL appeared at the NSW inquiry into the impact of the regulatory framework for cannabis on behalf of NSWCCL. 

A copy of our submissions can be found here. 

A copy of our press release with comments by Nicholas Cowdery AO KC FAAL can be found here. 

NSWCCL submitted that cannabis in New South Wales should be decriminalised, but regulated.  There is consistent evidence that decriminalisation doesn’t encourage drug use or increase drug taking in the community. In fact, decriminalisation may have the opposite effect, as more people are able to access advice, support and treatment for any problematic health issue resulting from drug use.

Today, the Inquiry released a copy of their interim report, which can be found here. 

Recently, the NSW Police attempted to halt the ongoing peaceful protests for Palestine, which have taken place every Sunday in the CBD for over a year, by filing an application with the NSW Supreme Court. After the rejection of this application, Premier Chris Minns appeared on 2GB Radio with Ben Fordham, where he expressed his view that the NSW Police should have the authority to deny protest applications, citing the strain on police resources.

Last week, NSW Greens MLC Sue Higginson led a coalition of civil society voices and organisations in criticising Minns for his attempts to suppress protests and called for the repeal of the anti-protest laws, first introduced in 2022.

The Greens, along with representatives from a large variety of Human Rights and Political groups including the NSW Council for Civil Liberties, the Maritime Union of Australia, Rising Tide, Extinction Rebellion, Palestine Action Group, First Mardi Gras Inc, Students for Palestine at Sydney Uni, and the North East Forest Alliance, held a press conference to condemn the recent crackdown on the right to protest.

They called on the Premier to reverse the anti-democratic laws that infringe on this fundamental right.

A review into the handling of recurring pro-Palestine protests in NSW has been ordered by Premier Chris Minns, as he has stated concern over the cost of policing the weekly marches, which have taken place every Sunday in Sydney for over a year.

Minns argued that the large police presence required for these protests has become an unsustainable drain on resources, diverting attention away from serious crime.

The proposed crackdown, which would allow police to deny march requests due to stretched resources, has sparked criticism, with opponents calling it undemocratic and dangerous. The premier’s suggestion comes amid ongoing rallies in multiple states, where similar concerns about resource allocation have arisen.

NSW premier, Chris Minns, recently said that policing pro-Palestine protests has cost the state $5m this year and the force should be able to shut them down because of the “huge drain on the public purse”. From this Minns has ordered a review of police resources used at the pro-Palestine protests taking place in the CBD each weekend for the past year. 

Critics have responded to his statement, saying that the premier was continuing to “disregard human rights and civil liberties”.

Protest organisers in NSW would be less likely to face legal battles for permission to hold protest if the state adopted a human rights charter, according to a legal expert.

On Thursday, Sydney’s pro-Palestine rally organisers were in the supreme court, contesting a police attempt to block their Sunday protest and another event planned for Monday. The police eventually approved Sunday’s protest after a last-minute route change. The organisers of the Monday event chose to cancel their application for Monday’s protest, choosing instead to hold a vigil, which doesn't require approval.

This standoff reignited calls for the NSW government to replace the current approval process with a human rights act.

Premier Chris Minns previously supported police, arguing that neither event should proceed due to concerns over potential violence.