NSW post-Bondi protest laws struck down by court

NSW protest laws introduced in the wake of the Bondi Beach massacre have been struck down by the state’s Supreme Court, which ruled they unconstitutionally burdened the freedom of political communication.

The Court of Appeal accepted arguments by three protest groups that the expanded police powers were unconstitutional, in a judgment handed down on Thursday afternoon.

The laws, passed during an emergency sitting of parliament on Christmas Eve, gave police the power to prevent the authorisation of public assemblies in certain areas for up to three months after a terror attack.

Chief Justice Andrew Bell, Justice Julie Ward and Justice Stephen Free found in a joint judgment that the laws “impermissibly burdened” the implied right to freedom of political communication under Australia’s constitution.

Premier Chris Minns said the government was “obviously disappointed” by the ruling but stood by its decision to introduce the legislation in response to the December 14 terror attack that claimed 15 lives.

“This was in the aftermath of the worst terrorist attack our country has seen, in which 15 innocent lives were lost,” Minns said.

“We believe it was necessary and important for Sydney at the time.”

The challenge was submitted by protest organisations Blak Caucus, Jews against the Occupation ’48, and the Palestine Action Group.

Jewish leaders expressed disappointment with the ruling.

NSW Jewish Board of Deputies president David Ossip said the strong measures were “necessary to protect the safety of Australians”.

“Our concern has never been with peaceful protest, but with the repeated disruption, intimidation and incitement which have defined these protests and the erosion of public safety in shared civic spaces,” Ossip said.

Executive Council of Australian Jewry co-CEO Alex Ryvchin said the protesters had “made our state poorer”.

“They have no scruples and no shame and the government was right to stand their ground,” he said.

The restrictions were in place during a February 9 protest at Town Hall opposing Israeli President Isaac Herzog’s visit to Australia, when 27 people were arrested.

Palestine Action Group spokesperson Josh Lees called the result a “big win for everyone who cares about the right to protest”.

Greens MP Sue Higginson criticised the Premier, saying the ruling was “a real reminder of how our state premier Chris Minns has failed the people”.

The government will be forced to pay costs to Palestine Action Group and Blak Caucus, which could run into hundreds of thousands of dollars.

The NSW government has not ruled out introducing new legislation, with the Coalition saying it would be prepared to work with the government to reinstate the laws.