Leader defiant after police power warning left unheeded
A premier has accepted criminal sanctions against himself after citing internal advice warning of over-policing before giving his state’s top official extra powers to restrict protests.
NSW Premier Chris Minns has been warned by the State Cabinet Office’s executive director of national security that any legal response to the Bondi terror attack in December must carefully consider proportionality, judicial review and community involvement. “We had to make difficult decisions that I did not submit to, they were difficult in the circumstances, but even in hindsight they were right, both then and now,” the Prime Minister told reporters on Monday.
Mr Minns warned in a briefing note on December 23, the day before extra police powers were agreed to restrict protests, that previous counter-terrorism and cooperation laws were disproportionately applied to ethnic minorities and young people.
The briefing note, obtained by AAP, outlined how hate speech could be blocked under NSW legislation and included a section on further reforms that warned of the social impact of police overreach.
“Serious sanctions can alienate communities, making individuals less likely to cooperate with authorities or report real threats,” he said.
“Expanded police powers and/or aggressive enforcement could undermine trust between police and communities, undermining broader efforts to counter extremism through partnership and prevention.”
In the worst case scenario, this could increase resentment and increase the risk of radicalisation, the report said.
The warning came weeks before violent clashes between police and pro-Palestinian protesters, when additional restrictions imposed during Israeli President Isaac Herzog’s visit to Australia prevented a planned march in Sydney.
Police dragging a group of Muslim men away while they were praying during the clashes drew widespread condemnation and was recognized as a deterioration in the prime minister’s relationship with leaders of that community.
But Mr Minns said he stood by his decision to introduce extra police powers in the wake of the terror attack, saying the restrictions were reasonable and not a sufficient reason for a person to break the law or face police.
“This is the ‘they made me do this’ defense and I don’t believe it,” he said.
The Labor leader said there was insufficient focus on the need to ensure community safety in advice to the government, particularly in the context of Australia’s deadliest ever terrorist attack.
“Of course, we accept the recommendations of stakeholder groups, government lawyers and senior officials, but we have to make the decisions,” he said.
Australian Lawyers Alliance spokesman Greg Barns said ignoring expert advice revealed a tendency for politicians to sacrifice democratic rights rather than strike an appropriate balance with protecting civil liberties.
But Mr Minns said voters would ultimately be the judge of their actions and face the consequences when asked whether the public could trust his decision to ignore expert advice.
