Right to rally after terror attack no longer a given
Critics of police being given new powers to ban all public gatherings after a deadly terror attack say banning protests will not stop antisemitism.
The NSW police commissioner will be able to suspend the protest authorization system following a terrorist incident under sudden legal changes to be introduced in the wake of the Bondi attack.
The declaration will last for two weeks and may be extended for up to three months.
It can apply to specific locations or statewide.
But the proposed laws, which will be hastily discussed in a special session of the NSW parliament next week, are expected to be tested immediately.
Civil rights groups are almost certain to appeal to the court.
“These are overly broad powers for the police commissioner,” said Tim Roberts, chief executive of the NSW Civil Liberties Council.
“Banning protests will not stop antisemitism.”
Jews Against Occupation ’48 and Greens MP Sue Higginson also opposed the changes.
“Restricting the civil liberties of all Australians because of the armed actions of two depraved terrorists will not help social cohesion,” Ms Higginson said.
But the NSW Labor government hopes protest restrictions will protect the grieving Jewish community after 15 people were killed in a terror attack in Bondi on Sunday.
“These are extraordinary powers never seen before in any jurisdiction in the country,” Prime Minister Chris Minns said.
Pressed earlier in the week about whether the law would target pro-Palestinian rallies, which some Jewish groups have identified as a factor in rising anti-Semitism, Mr Minns said it would be a “blanket rule”.
Jewish peak bodies praised the changes but said more needed to be done, especially to combat antisemitism.
“The right to protest is an Australian value, but so is allowing us to come together without harassment and intimidation,” said David Ossip, chairman of the NSW Jewish Board of Deputies.
NSW Police said on Friday they were aware of plans for unauthorized gatherings being promoted on social media this weekend.
NSW Police said anyone planning to attend should rethink their decision.
“This is not the time for large gatherings that could escalate tensions or pose further risks to the safety of the community,” the statement said.
“Anyone considering violence, revenge or unlawful behavior should know that police will respond quickly and decisively.”
The NSW government lifted other protest restrictions earlier this year.
Asked if he was confident his new laws could withstand court challenges, Mr Minns insisted the proposals were sound.
“It’s been reviewed by the Crown Counsel, it’s been reviewed by the Department for Communities and Justice,” he said.
The NSW Supreme Court has confirmed it can hear urgent applications, including protest matters, any day of the year.
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