NSW Police Lift Public Assembly Restrictions After Weeks of Enforcement
New South Wales Police implemented, extended, and subsequently lifted public assembly restrictions in Sydney, initially enacted following a terror attack in Bondi Beach in December. The restrictions, which suspended the authorization process for street protests, were maintained for several weeks, citing ongoing community safety concerns and heightened tensions.
The periods of restriction coincided with various planned protests, including Australia Day events and demonstrations during the visit of Israeli President Isaac Herzog, before being allowed to lapse in mid-February.
The restrictions, which suspended the authorization process for street protests, were maintained for several weeks, citing ongoing community safety concerns and heightened tensions.
Background and Initial Implementation
On December 14, a terror attack occurred at a Hanukkah event in Bondi Beach, resulting in 15 fatalities. In response, new legislation was passed in New South Wales (NSW) in December, granting the Police Commissioner authority to temporarily restrict public assemblies. These powers were first activated on Christmas Eve (December 24) through a 14-day declaration.
Details of the Initial Declaration
The initial declaration prevented police from processing Form 1 applications for protests in the South West Metropolitan, North West Metropolitan, and Central Metropolitan policing areas of Sydney. Form 1 authorization typically provides legal protections for protesters against charges such as obstructing traffic.
While general gatherings and static assemblies were still permitted, the declaration allowed police to order dispersal, charge individuals for non-compliance, and mandate the removal of face coverings from those suspected of committing an offense. Police Minister Yasmin Catley and Premier Chris Minns publicly supported these measures, with Minns describing civil liberties concerns as "overblown rhetoric."
Extensions and Scope Adjustments
First Extension and Initial Impact
On January 6, Commissioner Mal Lanyon extended the restrictions for an additional 14 days, until January 20, citing the "potential to cause fear and public safety issues" and "ongoing community safety impacts." During this period, a protest related to Venezuela took place, resulting in one arrest and subsequent release without charge. Approximately 25 static protests were reported as respectful and problem-free.
Adjustments for Australia Day
Prior to Australia Day (January 26), the scope of the restrictions was narrowed. The revised declaration applied from Darling Harbour through the north of the CBD to Oxford Street, encompassing the Eastern Suburbs Police Area Command but excluding Hyde Park. This adjustment was made to facilitate planned Australia Day events, including the "Invasion Day" rally and the "March For Australia" protest.
Commissioner Lanyon stated that this decision balanced community safety with the right to protest.
Extension Amidst Presidential Visit
In early February, Commissioner Lanyon announced a further extension of the restrictions for another 14 days, ahead of a planned visit by Israeli President Isaac Herzog to Sydney. President Herzog was scheduled to arrive on February 8 for a four-day visit. The Commissioner cited "significant risk to community safety by public assemblies" and "significant animosity" surrounding the visit as reasons for the extension.
Police deployed 3,000 shifts to ensure security during the visit and initiated investigations into 10 antisemitic incidents. On February 7, a 19-year-old man was charged in connection with an alleged online death threat against President Herzog.
Conclusion of Restrictions and Aftermath
Lifting of Restrictions
Following President Herzog's departure from NSW in mid-February, Commissioner Lanyon announced that the public assembly restrictions would not be extended further and were allowed to lapse. He stated that the conditions necessitating the previous extensions, which included managing the visit of a head of state, no longer existed. Lanyon called for a "time of calm" and expressed a desire to collaborate with protest organizers.
Reactions from Stakeholders
During the period of restrictions, civil rights organizations and protest groups, including the Palestine Action Group and the NSW Council for Civil Liberties, criticized the laws, arguing that they infringed upon democratic rights to protest and freedom of political communication. Some groups asserted that the ban was linked to removing democratic rights rather than promoting social cohesion.
A coalition of pro-Palestinian and First Nations groups launched a court challenge against the legislation. Conversely, the NSW Jewish Board of Deputies expressed support for the measures, stating they provided the Jewish community with space to grieve.
Police Watchdog Investigation
The Law Enforcement Conduct Commission, a police watchdog, announced an investigation into the actions of officers during a protest in Sydney's CBD that occurred while President Herzog was in the city. The investigation follows a "significant number of complaints," including allegations of misconduct.
Commissioner Lanyon affirmed his support for his officers, stating they were in a "very difficult position."