NSW Court of Appeal Strikes Down Minns Anti-Protest Laws

The New South Wales Court of Appeal has struck down the state government’s Public Assembly Restriction Declaration (PARD) powers, ruling the legislation unconstitutional. The laws, introduced by the Minns Labor Government following the Bondi attack, allowed the NSW Police Commissioner to block authorised public assemblies.

The legal challenge was brought by the Blak Caucus and the Palestine Action Group. The court’s decision invalidates the mechanism used by police to restrict protests, including those held in central Sydney earlier this year.

Under the PARD framework, police were able to prohibit assemblies without community consultation and outside existing processes designed to facilitate coordination between organisers and authorities. The laws were applied during a protest at Sydney Town Hall on 9 February, where demonstrators gathered in response to the visit of Israeli President Isaac Herzog. Footage of police actions at the protest circulated widely on social media.

It is the second time in six months an anti-protest law passed by the Minns government has been found unconstitutional by a court.

A spokesperson for the Palestine Action group said

“Chris Minns’ extreme anti-protest laws, rushed through on Christmas Eve, were his latest attempt in a years-long campaign to ban protests, especially protests against the genocide in Gaza, which he has supported.

While Israel and the US wage endless war, destroying the lives of millions of people, supported by Australian governments, they are continuing to try to rip up our democratic rights to protest, under the ludicrous guise that to oppose genocide and war is antisemitic, or a threat to “social cohesion”. We will not be silenced.”

NSW Council for Civil Liberties President Timothy Roberts said the ruling had broader implications for democratic rights. “In fighting for their causes Blak Caucus and Palestine Action Group have fought for and defended all of our rights and they deserve our congratulations and thanks for doing so,” he said.

“While the Courts have been able to protect our freedoms today, we have seen many examples in the past where the structure of our democracy, and an elected parliament at its core, prevents them from doing so.”

Greens MP and spokesperson Sue Higginson said the ruling could affect ongoing legal matters linked to protest activity. “This decision will upend the prosecutions of protestors who have been charged as a result of attending the protest,” she said.
“The Police must now extract themselves from this mess, they had no authority to issue the directions under these invalid laws, and any charges resulting from police activity at Town Hall need to be withdrawn.”

“Instead of progressing evidence-based reform to combat hate and antisemitism in the aftermath of the Bondi Massacre, the Premier chose to foist unrelated and absurdly anti-democratic anti-protest laws on the parliament knowing they would be declared invalid,” she said.

The NSW Government has not yet announced whether it will seek to introduce replacement legislation.