Court challenge targets NSW protest restrictions introduced after Bondi attack

A First Nations-led group and two activist organisations have launched a constitutional challenge in the NSW Supreme Court against new laws that restrict the authorisation of protests for up to three months after a declared terrorist incident.

The co-applicants are the Blak Caucus, the Palestine Action Group (PAG) and Jews Against the Occupation. Reporting on the court filing says the summons argues the laws are invalid because they “impermissibly burden the implied constitutional freedom of communication on government and political matters”.

The NSW Government announced the reforms in December after what it described as the Bondi Beach terrorist attack, saying it would move to restrict the authorisation of public assemblies in designated areas to protect the community and prevent intimidation. Under the model set out by the Government, once a terrorist incident is formally declared under the Terrorism (Police Powers) Act 2002, the Police Commissioner (or Deputy) can declare areas where public assemblies are restricted for a limited period, through a Public Assembly Restriction Declaration.

NSW Police say a declaration means no public assemblies can be authorised under the Summary Offences Act 1988, and Form 1 applications for authorised assemblies will not be accepted. Police also state that people who take part in an assembly during a declaration period do not have the Act’s protections around offences like obstructing traffic and pedestrians.

On Tuesday, NSW Police said the commissioner had extended the declaration that was first announced on Christmas Eve, continuing restrictions across the South West Metropolitan, North West Metropolitan and Central Metropolitan policing areas for another 14 days.

The ABC has reported the Blak Caucus joined the planned challenge because of concerns the restrictions could affect Invasion Day rallies on 26 January.