Last week the NSW Labor Government announced a number of new laws that will repress people’s right to protest. Including, a new criminal offence to prevent protest in or near a place of worship where those people blocking access to a religious institution could face up to two years in jail. The government has said police will be given increased power to move protestors on and arrest them. 

It is unclear what further powers the police will be granted as the Law Enforcement (Powers and Responsibilities) Act 2002 already gives NSW Police officers extraordinary powers to move people on including for obstructing another person or traffic; harassing or intimidating another person or persons; or causing or likely causing fear to another person.  

The measures risk impacting a wide cross-section of our community, including survivors of church sexual abuse, students, teachers, healthcare workers, anti-war protestors, LGBTIQA+ people and their allies and First Nations people or any NSW resident who directly or indirectly obstructs access to a place of worship in order to campaign for their rights. 

These laws seek to protect religious institutions, who exercise large amounts of political power in Australia and the world, at the expense of individual democratic freedoms. This unfairly shields them from public opposition.  

Today the NSW Government has announced a raft of new laws that will unduly restrict freedom of speech and the right to protest. 

The proposed laws go against 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 Council for Civil Liberties echoes the concerns raised by many submissions that the proposed vilification offences could disproportionately impact disadvantaged groups, including Aboriginal and Torres Strait Islander peoples, people with disability and young people. 

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. 

Council for Civil Liberties says Minns government is at risk of making ‘reactionary’ legislation as pressure mounts to stem further attacks

NSW Premier Chris Minns has come under criticism as he has continued to call for the limiting of protest rights in NSW. Recently Amnesty International Australia have criticised his calls to ban Palestine protests outside places of worship.

This call first came from Jillian Segal, the Antisemitism special envoy appointed by Prime Minister Anthony Albanese who described the Palestine rallies as "intimidatory".

After the Adass Israel synagogue was firebombed, Anthony Albanese said he “cannot conceive of any reason, apart from creating division in our community, of why someone would want to hold a demonstration outside a place of worship”.

In response to this a variety of individuals and groups have criticised this statement, such as survivors of clergy abuse.

This week the Minns Labor Government announced they are considering introducing laws to criminalise protest outside of religious institutions. NSWCCL is alarmed by the announcement and condemns the NSW Government for taking another authoritarian step towards the criminalisation of the right to protest.

The attack on the Adass Israel Synagogue is a reprehensible and violent act. The vandalism and destruction of property in the Eastern suburbs should also be admonished. There is no place in a democratic society for any such behaviour. Freedom of religion is essential in a democratic society, but it does not exist at the expense of our other essential rights like that of protest.

The attack on the Adass Israel Synagogue and the vandalism and destruction of property in the Eastern suburbs are criminal offences and should be dealt with accordingly. The Minns Labor Government’s infringement of our collective right to protest will do nothing to prevent them. The NSWCCL believes strongly that as the NSW Government continues to prevent communities from exercising their right to peacefully protest they increase the risk of more disruptive and potentially violent demonstrations from occurring.

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.