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.

Listen here!

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.

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.