Key Takeaways
- The NSW police commissioner has extended temporary protest restrictions across three Sydney metropolitan policing areas for another two weeks
- The restrictions, which were put in place after the Bondi terror attack, allow police to issue move-on directions for people causing obstructions or behaving in an intimidatory manner
- Public assemblies are not banned, but individuals who participate may not have certain protections and are at risk of committing an offence
- The restrictions can be extended fortnightly for up to three months, and the NSW government has supported the commissioner’s decision
- The impact of the restrictions on Invasion Day rallies on January 26 is still unclear
Introduction to the Restrictions
The NSW police commissioner, Mal Lanyon, has announced that temporary protest restrictions will be extended across three Sydney metropolitan policing areas for another two weeks. The restrictions, which were initially put in place on December 24, allow police to issue move-on directions for people causing obstructions, behaving in an intimidatory or harassing manner, or those who are likely to cause fear in another person. Commissioner Lanyon stated that the decision to extend the restrictions was made to ensure public safety and to prevent fear in the community.
Background to the Restrictions
The new laws were introduced in response to the Bondi terror attack on December 14, which was one of the most significant terrorist incidents in Australia. The restrictions were enacted to prevent similar incidents from occurring and to ensure that the community feels safe. Commissioner Lanyon emphasized that the decision to extend the restrictions was not about stopping free speech, but rather about ensuring that the community can feel secure and peaceful. The restrictions are set to expire on January 20, but can be extended again for another 14 days if necessary.
Impact on Public Assemblies
While public assemblies are not banned, individuals who participate in them may not have certain protections and are at risk of committing an offence. The restrictions allow police to require the removal of face coverings for identification purposes if they suspect an offence is being committed. Commissioner Lanyon stated that people planning to protest peacefully have nothing to fear, as the legislation does not prohibit assemblies. However, the restrictions do give police more powers to manage and control public gatherings, which may impact the ability of individuals to express themselves freely.
Government Support
The NSW government has supported the commissioner’s decision to extend the restrictions. Minister for Police and Counter-Terrorism, Yasmin Catley, stated that the government remains committed to ensuring that the NSW Police have the powers, resources, and backing they need to keep the community safe. The government’s support for the restrictions highlights the importance of public safety and the need to balance individual rights with the need to maintain order and security.
Invasion Day Rallies
The impact of the restrictions on Invasion Day rallies on January 26 is still unclear. Commissioner Lanyon stated that it is too premature to determine whether the restrictions will be extended again and how they may affect the rallies. The commissioner emphasized that the decision to extend the restrictions will be based on the current environment and the behavior of individuals over the next 14 days. The uncertainty surrounding the restrictions and their potential impact on the rallies has raised concerns among activist groups, who have flagged a potential legal challenge to the new laws.
Potential Legal Challenge
Activist groups, including the Palestine Action Group, Jews Against the Occupation, and the First Nations-led Blak Caucus, have announced plans to lodge a legal challenge to the new laws in the NSW Supreme Court. The groups argue that the laws restrict the right to free speech and assembly, and are an overreach of police powers. Commissioner Lanyon stated that police will defend the laws if necessary, highlighting the potential for a legal showdown over the restrictions. The outcome of the challenge will have significant implications for the balance between public safety and individual rights in NSW.
