Today the NSW Police Commissioner has again decided to renew the Public Assembly Restriction Declaration (PARD) power for a further 14 days.  This power was established in the latest tranche of anti-democratic laws passed by the Minns Labor Government. While a PARD is in effect, Form 1 applications to hold an authorised assembly will not be accepted for the specified policing zones of the declaration. 

The NSW Council for Civil Liberties believes this is a disgraceful misuse of power.

The New South Wales Council for Civil Liberties (NSWCCL) urges parliamentarians to reject the creation of proposed hate organisation powers in the Combatting Antisemitism, Hate and Extremism Bill. This Bill represents an unprecedented extension of executive power and as such has serious potential for misuse. By its broad and vague definitions, concentration of power and lack of procedural fairness the Bill creates a real risk that the powers could be used to inappropriately target groups who work against the political interests of Government, such as protestors or opposing political parties.

The proposed laws represent a very significant risk to freedom of political communication, free speech, and freedom of association. Further, it is fundamental to the rule of law that the law is accessible, intelligible, clear, and predictable. The proposals in the Bill do not meet this basic principle.

If passed, these laws could see a group designated as a hate group, by the actions of one person who happens to be a member of a group (or associated with), even if that person was not actually convicted of a hate crime, or they committed an action that was legal at the time it was committed. This is entirely too vague for the seriousness of the penalties.

Today, the Federal Government has unveiled proposed new, broad laws targeting speech and political expression. The Combatting Antisemitism, Hate and Extremism Bill 2026 (Cth) combines practical reforms such as the creation of a National Gun Buyback Scheme with radical and unprecedented reforms to our democratic rights and liberties. 

The atrocities at Bondi necessitate a response that will address the causes of violence and increase harmony. The NSW Council for Civil Liberties, Liberty Victoria and Queensland Council for Civil Liberties condemn the proposed Bill due to its remarkable impact on human rights and civil liberties, and because there is no evidence that it will make any of us safer.

Amongst other things, the Bill would create a new framework for “prohibited hate groups”. This would grant the Home Affairs Minister extraordinary powers to designate organisations as “hate groups”, which would effectively make it illegal to be a member of or associated with that organisation. The Bill is also clear that the Minister “is not required to observe any requirements of procedural fairness" in making this decision. This gives the Minister an extraordinary discretion along with a remarkable lack of accountability. 

The Bill would also create a new racial vilification offence with a limited defence available if an individual was quoting from or otherwise referencing a religious text for the purpose of “religious teaching or discussion”. There is a risk that offences with selective exclusions or defences might create hierarchies of justice when they are directed to some attributes (such as race) but not others. Any such inequality, perceived or otherwise, only deepens division in the community.  

Many measures in the Bill go far beyond what’s required to address the horrific events at Bondi. For example, in relation to displaying symbols offences, the Bill will greatly expand the number of prohibited symbols, reduce the fault element to prove the offence, and place a reverse onus on an accused person to make out a public interest defence. This is in circumstances where the mandatory minimum sentence for the offence is 12 months’ imprisonment. This is highly likely to produce unjust outcomes.

The proposed legislation also expands the government’s already incredibly broad powers to refuse and cancel visas, allowing a person to be excluded based on a risk they “might” engage in certain conduct in Australia like inciting discord. This dangerously lowers the existing threshold into the realm of speculation.

Finally, given the far reaching and consequential nature of the reforms it is particularly concerning that the government has only given two days for stakeholders and civil society to make submissions to the inquiry. 

Today, the NSWCCL has made a submission to the NSW Government’s inquiry into measures to prohibit slogans that incite hatred. NSWCCL condemns the decision to allow only four weeks over the Christmas and New Year period for public submissions on such a radical proposal as shamefully anti-democratic and reflects a disregard for principles of transparent and responsible governance.

The NSWCCL is concerned about the weaponisation of hatred directed towards vulnerable groups as a political tool to pass legislation which unduly restricts civil liberties and calls for no further criminalisation of speech or thought to be passed into law in NSW. The criminal law alone is not equipped or designed to achieve social cohesion. It is a reactionary and coercive mechanism that should be reserved for the targeted punishment of harmful conduct, and is not effective when used to encourage broad-brushed social change.

Attempts to restrict the use of “globalise the intifada” are divisive as they target and disproportionately impact the Arabic speaking community, Palestinian community, any others who see the phrase as applicable to the causes that interest them, those supporting these communities or related causes. It does not assist social cohesion for the NSW Government to take up and codify a contested meaning in opposition to these communities. The division caused by doing so is only magnified by the inherent injustice of seeking to suppress a phrase that to many members of the NSW community speaks to fighting oppression.

Today the NSW Police Commissioner has decided to renew the Public Assembly Restriction Declaration (PARD) power for a further 14 days. This power was established in the latest tranche of anti-democratic laws passed by the Minns Labor Government. While a PARD is in effect, Form 1 applications to hold an authorised assembly will not be accepted for the specified policing zones of the declaration. 

The NSW Council for Civil Liberties believes this is a disgraceful misuse of power.

Tomorrow the NSW Police Commissioner will have to decide whether to renew the Public Assembly Restriction Declaration (PARD) power for a further 14 days. This power was established in the latest tranche of anti-democratic laws passed by the Minns Labor Government. While a PARD is in effect, Form 1 applications to hold an authorised assembly will not be accepted for the specified policing zones of the declaration.

The NSW Council for Civil Liberties is calling on the NSW Police Commissioner not to renew the PARD which is currently in effect in South West Metropolitan, North West Metropolitan and Central Metropolitan policing areas for a further 14 days.

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. 

In May this year, the NSW Government initiated a review into the legal principle of doli incapax. The principle requires that when prosecuting children, between the age of 10 and 14, the prosecution has to establish, beyond reasonable doubt, that the child knows and is capable of knowing what they did was wrong.

This review was inadvisable and unnecessary in the first place. There is nothing objectionable about making sure that if children as young as 10 are facing criminal charges, that they know what they have done is wrong,  beyond reasonable doubt.

The review was undertaken by independent reviewers appointed by the Minns government. It was not carried out by The NSW Law Reform Commission, the independent statutory agency established to provide expert law reform advice. 

Today, the Minns Labor Government has introduced a bill that will put the common law test into legislation. The proposed legislation will make it easier for prosecutors to rebut this essential presumption. 

NSWCCL condemns the antisemitic demonstration of neo-Nazis at NSW Parliament house as repugnant racial hatred. The racist beliefs of neo-Nazis are antithetical to a society that respects individuals freedoms and rights. 

Earlier this year, without consultation from civil society, the NSW Government introduced a raft of new laws that unduly restrict freedom of speech and the right to protest. At the time they were introduced, NSWCCL warned these laws would bring more hatred. 

This week the federal Labor Government introduced a bill which would give the minister the power to cancel the welfare payments to individuals where an arrest warrant has been issued.