Protesters mount challenge to ‘extraordinary’ police powers for Herzog visit
Updated ,first published
An eleventh-hour legal showdown will take place on Monday over planned protests against Israeli President Isaac Herzog after demonstrators launched an urgent challenge against “extraordinary” police powers wielded by the Minns government.
The NSW government said on Saturday it had declared Herzog’s visit a major event. legislation It is often used to manage crowds at sporting events and gives police additional powers to “lock down” designated areas and order people to leave.
This is the first time the powers have been used solely for the visit of a foreign dignitary; However, it was implemented during major events attended by government officials.
Herzog is expected to arrive in Sydney on Monday morning before traveling to Canberra and Melbourne as part of a visit following the Bondi Beach massacre, which killed 15 people and injured dozens, mostly Jews, on the first night of Hanukkah.
Herzog will meet with Prime Minister Anthony Albanese, Governor-General Sam Mostyn, Opposition Leader Sussan Ley, prime ministers and members of the Jewish community, including families of Bondi attack victims and survivors.
The visit prompted pro-Palestinian activists to prepare for a nationwide day of protests to coincide with Herzog’s arrival. The United Nations commission of inquiry concluded that Herzog and other Israeli officials “may be sued for incitement to genocide” for comments made after the Hamas attack on October 7, 2023.
The Palestine Action Group planned a demonstration at city hall starting at 5:30 p.m. and estimated around 5,000 people would attend.
A heavy police presence is expected during Herzog’s four-day visit. Civil servants will work another 3,000 shifts. More than 500 officers were assigned to police Monday’s protest.
Palestine Action Group lawyer Mark Robinson, SC, who appeared at an urgent preliminary hearing in the Supreme Court on Sunday, foreshadowed that the government would argue it acted outside its legal powers in making the major incident declaration.
He said major event legislation clearly states that the government “cannot declare an industrial or political demonstration or protest as a major event”.
declaration The government’s statement on Friday describes the event as a visit by the Israeli president, not a protest. The court will need to consider whether such events fall within the scope of the law.
Robinson also suggested he would argue that the declaration was made for the “improper purpose” of “stopping a protest.”
“This is a simple case. The declaration is overly broad, vague and unreasonable,” he said.
Lawyer Hannah Ryan, acting for the state of NSW, said they were opposed to the matter being heard urgently. Ryan said protesters could march in Hyde Park and Belmore Park, as police suggested.
“There is another way for this protest to continue that will not be affected by the crisis. [restrictions]he said.
Large event mandates will go into effect at midnight and continue through Thursday. Judge Natalie Adams said in her preliminary ruling on Sunday night that “the court has the capacity to hear the matter on an urgent basis.”
Adams said if the matter was not dealt with urgently, and particularly before 5.30pm on Monday, “the whole purpose of instituting the trial would be undermined”.
But he said it was “very regrettable” that the protest group did not notify the state further when it initiated the lawsuit.
Adams listed the matter for hearing before Judge Robertson Wright at 10 a.m. Monday.
Palestine Action Group spokesman Josh Lees said the major incident declaration grants “extraordinary police powers” including stop and search, exclusion zones and restrictions on public behaviour.
“[NSW Premier Chris Minns] “He is using powers meant for sporting events or cultural events and instead giving himself and the NSW Police extraordinary and draconian powers to try to shut down our entire city to make this country look like a war criminal,” he said.
“[The Major Events Act] “He’s talking about audiences, he’s talking about advertising… it clearly shouldn’t be used to silence protests.”
The organization last took the government to the Supreme Court in August, during a March for Humanity protest on the Sydney Harbor Bridge that drew nearly 100,000 people.
Restrictions on public gatherings, introduced in the wake of the Bondi Beach massacre on December 14 and extended last week, remove protections against legal charges against protesters who obstruct traffic or pedestrians.
It allows police to issue proceeding orders to people who impede pedestrians or traffic, behave in an intimidating or harassing manner, or behave in a way that could be perceived as threatening or causing fear.
Once the protest is no longer static or confined to a designated area, police may issue an order to proceed. Police can arrest anyone who disobeys orders.
“We are expecting a large number of people to this protest. This means there is a high probability of people spilling from City Hall Square onto the surrounding footpaths and roads, which is normal for mass protests,” Lees said.
“Our message to the police is to not order action against peaceful protesters who are trying to gather in a way that police say is completely legal.”
Acting NSW Police Deputy Commissioner Paul Dunstan urged the group to consider an alternative walking route from Hyde Park.
“We would love to see the group relocated to safely facilitate a peaceful protest on the streets of Sydney,” he said.
“I have concerns about the size of City Hall and the potential for overflow into public spaces that could lead to conflict between police and protesters.”
Major event powers extend from Monday to Thursday and cover the “major event area” in the CBD and eastern suburbs.
Traffic restrictions have been imposed in the CBD. Toll lanes will be in place until 2pm on Thursday and buses will terminate at Martin Place rather than Circular Quay.
Restrictions will also be in place at Bondi Beach from Tuesday afternoon. Police urged the public to stay away from the CBD due to the police operation on Monday.
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Amber Schultz is a crime and justice reporter for The Sydney Morning Herald.Connect with: X or email.
