Image: Bianca de Marchi, AAP Image
by GRACE JOHNSON and LALYNE PAISI HICKIE
The NSW Government confirmed this afternoon that there will be a public review into the state’s anti-protest laws after overwhelming public pressure.
This week, 37 organisations and over 1000 individuals signed an open letter and petition demanding the review.
Now that it has been declared public, the review will provide greater transparency and the opportunity for public scrutiny.
In April 2022, the NSW Government passed legislation to prevent ‘illegal protesting’ on major roads, bridges, tunnels, public transport and infrastructure facilities.
The new legislation amends section 144G the Roads Act 1993 which criminalises causing serious disruption by entering, remaining on or trespassing on prescribed major bridges and tunnels, to now include all “main roads”.
Offences carry a maximum penalty of $22,000 or two years in gaol, or both.
These laws are scheduled to be reviewed after the 1st of April by the Department of Roads and Attorney-General’s Department.
The government had previously refused to commit to an open and transparent review, with the NSW Council for Civil Liberties (NSWCCL) saying at the time, “The right to protest cannot and should not be scheduled merely for a “departmental” review.”
President Lydia Shelly said, “Today we are living in some of the darkest times that our members have seen for protestors in a very long time.”
“The right to protest has already been eroded enough in this State and politicians should not be given licence to erode it further on the basis of there being ‘good’ and ‘bad’ protest causes,” she continued.
“Protest itself ought to be celebrated as enriching our democracy.”
Justification of police violence
The laws have most recently been used as a justification of police violence during peaceful protests, as seen at Port Botany recently and in November.
Greens MP and spokesperson for justice Sue Higginson described the laws as “an attack on democracy and were supported by both Liberals and Labor to function as a direct suppression on the implied right to political expression in NSW”.
The open letter, sent to the Premier, included organisations like Young Labor, the Australia Palestine Advocacy Network, the Jewish Council of Australia, the NSW Council for Civil Liberties, and the Greens NSW.
As a result of the overwhelming pressure from civil society and trade unions gathered within a day’s time, the government has bowed to the public’s wishes.
President Shelly said that although this was a huge win, and “worth a pause to celebrate”, they have not yet overturned the laws.
“The fight is not yet over,” said Ms Shelly.
“NSWCCL condemns this legislation in totality. Protest should not be confined to back roads. We especially condemn the lack of proportionality of the punishment that can be imposed for offences committed by protesters. We look forward to this public review.”
Anastasia Radievska, Protest Rights Campaigner at Australian Democracy Network, shared her support for the review, saying, “This review will provide an opportunity for people at the grassroots to share their experiences and record the disproportionate response from the frankly, ridiculous bail conditions and charges resulting from these unjust and unnecessary laws.”
