The New South Wales Council for Civil Liberties (NSWCCL) is alarmed at the revelations yesterday at the Select Committee on the Relationship between the Dural Caravan Incident and Parliamentary Debates on Legislation. It is deeply concerning that a NSW Police officer sitting at the top of the investigation into the incident had to sign a non-disclosure agreement (NDA) for the Australian Federal Police to reveal information confirming the incident was part of an opportunistic criminal conspiracy, and not anti-semitic terrorism.

The use of an NDA in this context is extremely unusual, and was clearly not in the public interest: the NSW public was made to believe that a “mass casualty event” or “terror attack” was imminent, and it was in this febrile atmosphere that the hate speech and anti-protest laws were rushed through parliament by Premier Minns on 21 February. 

The New South Wales Council for Civil Liberties (NSWCCL) applauds the NSW Legislative Council for initiating an inquiry into whether Premier Chris Minns and Minister Catley misled Parliament and the public to secure the passage of the Places of Worship Bill, Racial and Religious Hatred Bill and the Inciting Racial Hatred Bill.

NSWCCL's persistent advocacy has successfully secured the inquiry, which aims to uncover whether the government knowingly used fabricated threats of terrorism and a mass casualty event to justify the swift passage of repressive legislation that risks criminalising legitimate speech and protest.

The NSWCCL supports the legal challenge to the anti-democratic laws by the Palestine Action Group (PAG) in the Supreme Court of NSW today.  These laws granted NSW Police improper powers in dealing with protestors and activists at rallies. They included additional move-on orders that would cause serious damage to our right to assemble and communicate with each other, and therefore damage our democracy. They should be tested. 

Today the NSWCCL has written to State MPs calling on their support for a NSW Legislative Council inquiry into whether Premier Chris Minns and Minister Catley misled the Parliament and public in order to pass the Places of Worship Bill, Racial and Religious Hatred Bill and the Inciting Racial Hatred Bill. 

The information available on the public record indicates the Premier may have been aware that the caravan incident was a criminal hoax, not a credible threat to lives, as early as 29 January 2025. Despite this he warned the public that it was “terrorism” and the “discovery of a potential mass casualty event”. Deputy Commissioner Barrett has said that investigators knew “almost immediately” that the plot was a fabrication. The New South Wales public should have clarity regarding what the Premier knew, when he knew it and the circumstances of the legislation he then rushed through parliament as a consequence. 

In February NSW Premier Chris Minns passed controversial hate speech and places of worship laws. These laws criminalise racist remarks and give police broad powers to restrict protests near places of worship, carrying penalties of up to two years in jail. 

This legislation was introduced during a rise of antisemitic incidence, with a key event during this time being a police discovery of an explosives-laden caravan in Sydney’s outskirts which was labeled as a terrorism event by Minns. However, federal and NSW police have since revealed that the caravan plot was orchestrated by organised crime, not motivated by antisemitism. This has brought into question the actions of Premier Chris Minns and Police Minister Yasmin Catley in their use of fear-driven rhetoric based on this event to justify the rapid passage of these laws. 

NSWCCL is calling for a NSW Legislative Council inquiry into whether  Premier Chris Minns and Minister Catley misled the Parliament and public in order to pass the Places of Worship Bill and the Inciting Racial Hatred Bill. 

Throughout the public debate on these Bills, NSWCCL along with many democracy and legal experts reiterated that the government was weaponising fear to push a draconian agenda that criminalises legitimate speech and protest. 

Comments attributable to Timothy Roberts, President NSWCCL 

“The Minns Labor Government has played right into the hands of those who concocted the caravan plot in using it to drive a repressive and fear-based legislative agenda that has further divided the community. 

“NSWCCL is deeply concerned by reports that the Premier was aware the plot was a fabrication, not a real threat to lives, when citing it as a potential ‘mass casualty’ event which justified pushing through repressive laws that have eroded our democratic freedoms. 

NSWCCL has been speaking out against Labor's proposed new protest laws and recently with the Australian Democracy Network, organised a rally with over 200 attendees at Town Hall Square in Sydney City.

These laws aim to ban protests near places of worship regardless of what a protest is about and whether it is even directed at a religious institution. Many different groups including leaders from 12 faith communities have expressed concern regarding these laws, with many worried about the future of protest in Sydney and NSW as the abundance of religious buildings accross the city may make any protest much more difficult to hold.

Today the New South Wales Council for Civil Liberties (NSWCCL) has written to the chair of Universities Australia to express their concerns regarding the new definition of antisemitism adopted by Universities Australia. The new definition conflates legitimate criticism of the State of Israel with antisemitism, posing serious risks to freedom of expression and academic freedom.

Comments attributable to Timothy Roberts, President NSWCCL 

“Universities should not be in the business of censoring legitimate views on geopolitics. Many academics advocate for a one-state solution in Israel-Palestine, many advocate for two states, it is not the role of university management to pick one and ban the other.”

Recently the NSW Government has proposed a new set of laws which include: 

• Up to 2 years in jail for intentionally inciting racial hatred.
• Increased penalties for nazi symbols near synagogues
• Up to 2 years in prison for blocking/harassing at places of worship
• Expanded Hate Crime Definitions

While some believe these updates address the recent wave of antisemitic attacks in Sydney, others have criticised it as a kneejerk reaction which does not address the root issues.

Today the NSW Government has announced that it will amend the Crimes Act 1900 to criminalise the incitement of racial hatred. The offence would carry a maximum penalty for an individual of two years’ imprisonment, fines of up to $11,000, or both, while corporations can face fines of $55,000.

The incitement of violence on the basis of race, religious beliefs, sexual orientation, gender identity, intersex status and HIV status is already illegal, and rightly so. These laws protect our community while not unreasonably burdening free speech. The proposed changes expand these laws to criminalise only the incitement of racial hatred and will have the effect of expanding existing divisions in our community.

By way of example, there is a dispute between members of the Indian diaspora in NSW regarding the formation of Khalistan, a Sikh nation. This is a movement that is often opposed by Hindu groups. If these communities were to vilify each other, the definition of ‘race’ in our criminal law is such that the new laws would have the effect of only leading to the prosecution of the Hindu groups because of the ethno-religious or national elements of the Sikh community that does not apply to the Hindu religion. 

These perverse outcomes, and also the likely overrepresentation of Aboriginal and Torres Strait Islanders, marginalised communities, people with a disability, children and young people in prosecutions, were all foreseen in the findings of the review into section 93Z of the Crimes Act that was handed to the government late last year. 

The review into s93Z outlined that provisions like those suggested by the Minns’ Government are imprecise and subjective. Further, the review made clear they go against the advice of the UN Committee on the Elimination of Racial Discrimination which warned that restrictions on freedom of speech should not be “broad or vague”. 

The NSW Government has not consulted with legal and human rights experts or broader civil society groups on these proposed new laws and they should abandon these laws until they do. 

The NSW Government’s Crimes Amendment (Places of Worship) Bill 2025 creates an offence with a potential two years imprisonment and/or a $22,000 fine for blocking, impeding or hindering access to places of worship. It grants NSW Police the extraordinary powers to arrest and move on people in or near a place of worship for any reason. 

Concerningly, these offences could be used to charge members of the faith protesting their own organisation, sexual abuse survivors demanding justice and any snap rally or assembly that happens within a vicinity of a place of worship, such as Town Hall.

The NSW Government has not consulted with legal, civil liberties and human rights organisations on the legislation. The Australian Constitution creates an implied freedom of political communication. These laws are clearly unconstitutional and will be subject to challenge.