The NSW Government’s highly-controversial anti-protest law has been struck down as unconstitutional by the state’s highest court, in a major blow to the ALP Minns Government.
The NSW Court of Appeal has found the laws introduced after the Bondi terror attacks, giving police the power to restrict marches — including at the anti-Herzog rally in February — were unlawful.
In findings delivered today, Chief Justice Andrew Bell ruled the laws were an “impermissible burden” on various constitutional freedoms.
It comes just one day after the High Court unanimously ruled that political “donations” laws changes made by the ALP Victorian Government — benefiting the ALP and Coalition — were likewise unconstitutional.
In both cases, the courts found the government actions impermissibly burdened the constitutional right to freedom of communication on government and political matters.
The controversial anti-protest measures, which were rushed through NSW Parliament in December, allowed the police commissioner to make a declaration preventing residents from seeking authorisation for rallies in key areas of Sydney for up to three months after a terror attack.
This left protesters vulnerable to arrest for obstructing traffic or pedestrian movements if they marched through the streets.
Veteran journalist Peter Lalor was among the Herzog protestors attacked by police. Source: The Klaxon
While the state government said the laws were necessary to maintain order and peace, activist organisations Palestine Action Group and Blak Caucus took them to court.
The declaration was imposed after two gunmen opened fire on a Hanukkah celebration at Bondi Beach in mid-December, killing 15 people.
Its restrictions were not eased until February, about a week after police violently broke up a Town Hall protest opposing Israeli President Isaac Herzog’s trip to Australia.
During the crackdown, dozens of attendees were pepper sprayed while others were beaten and arrested by police.
The event was also policed under a major events declaration that gave authorities powers to clear the area at their determination.
Asked about the laws ahead of the court’s decision, Premier Chris Minns continued to back them.
“I’m not saying there wasn’t clashes, I’m not saying it wasn’t difficult and I don’t regret moving that legislation at all,” he said.
“It’s tricky when you’re introducing changes to legislation like that because there’s a necessary infringement on constitutional principles.
“But there are other constitutional principles: the right of individual citizens to go about living their life free of intimidation, persecution or violence.”
Multiple Australian states have introduced laws restricting protest. Source: The Klaxon
In a ruling handed down yesterday, all seven judges of the High Court found a scheme implemented in 2018 by the ALP Victorian Government, which allowed the ALP, Liberal and National parties to receive limitless funds, was unlawful.
Under the scheme, as previously reported by The Klaxon, the Victorian ALP Government changed the law to allow the ALP and Coalition to be funnelled limitless “donations” via three obscure shell companies.
The ALP Government introduced similar changes at the federal level last year — in moves experts say hogties independents from entering parliament — rushing the changes through both houses.
Those federal changes also being challenged in court.
— With AAP
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Thank you,
Anthony Klan
Editor, The Klaxon
