Key Takeaways
- The New South Wales police commissioner has extended restrictions on protests in Sydney for another 14 days due to ongoing community safety concerns
- The decision was made under controversial powers rushed through NSW parliament last month, which do not ban protests outright but prevent their authorisation via the state’s form 1 system
- Protest groups have announced plans to file a constitutional challenge to the legislation in the NSW supreme court
- The commissioner insists that peaceful and static assemblies are not affected, but critics argue that the legislation effectively bans all protests under a declaration
- The decision has sparked concerns about civil liberties and the right to free speech
Introduction to the Situation
The New South Wales police commissioner, Mal Lanyon, has extended restrictions on protests in Sydney for another 14 days, citing ongoing community safety concerns following the alleged Bondi terror attack. This decision has been met with criticism from protest groups and civil liberties advocates, who argue that the move is an attempt to silence the voices of the people. The extension of the restrictions was made under controversial powers rushed through NSW parliament last month, which do not ban protests outright but prevent their authorisation via the state’s form 1 system. This system provides protesters with protection from prosecution for offences such as obstructing traffic or pedestrians.
The Reasoning Behind the Decision
Lanyon stated that the decision to extend the restrictions was not about stopping free speech, but rather about allowing the community time to grieve and mourn the alleged Bondi terror attack. He also cited the need to consider the ongoing community safety impacts of further protests in the wake of the attack. However, when asked if any specific incident or new intelligence had prompted the decision, Lanyon said that there was no new intelligence, but rather a heightened tension within the community in Australia, particularly in NSW. This tension was evident in the rallies held over the weekend, where hundreds of protesters gathered in Sydney’s CBD to condemn the US military strikes on Venezuela and capture of president Nicolás Maduro.
Impact on Protest Groups
The decision to extend the restrictions has sparked outrage among protest groups, who argue that the move is an attempt to silence their voices. The Palestine Action Group has announced plans to file a constitutional challenge to the legislation in the NSW supreme court, stating that the restrictions have nothing to do with public safety or stopping ISIS-inspired terror attacks, but rather allow bad governments to silence the people’s voices. Other groups have also expressed concerns about the impact of the restrictions on their ability to hold peaceful protests and assemblies. The commissioner’s insistence that peaceful and static assemblies are not affected has done little to alleviate these concerns, as critics argue that the legislation effectively bans all protests under a declaration.
Government Support for the Decision
The premier, Chris Minns, has described civil liberties concerns as "overblown" rhetoric, stating that the government cannot have a situation where mass protests rip apart social cohesion. The police minister, Yasmin Catley, has also expressed support for the commissioner’s decision, stating that the government unequivocally supports the move. However, the president of the NSW Council for Civil Liberties, Timothy Roberts, has called on police not to extend the declaration, arguing that the use of the powers is having an "extraordinary chilling effect on our democratic rights". The decision has sparked a debate about the balance between community safety and the right to free speech, with many arguing that the restrictions are an overreach of police powers.
Potential Consequences
The extension of the restrictions has raised concerns about the potential consequences for future protests and assemblies. The commissioner’s statement that it is "very premature to consider" whether the declaration will be extended again, potentially affecting expected Invasion Day rallies on 26 January, has done little to alleviate these concerns. The fact that the declaration can be extended for a total of up to 90 days has sparked fears that the restrictions could be in place for an extended period, potentially stifling the ability of protest groups to hold peaceful assemblies. As the situation continues to unfold, it remains to be seen how the government and police will balance the need for community safety with the right to free speech and peaceful assembly.