NSW’s highest court strikes down anti-protest law introduced in wake of Bondi beach terror attack

https://www.theguardian.com/australia-news/2026/apr/16/nsws-highest-court-strikes-down-anti-protest-law-introduced-in-wake-of-bondi-beach-terror-attack-ntwnfb?CMP=Share_iOSApp_Other

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13 Comments

  1. The decision:

    https://www.caselaw.nsw.gov.au/decision/19d9354aeb610427262d9102

    A paragraph that gives a good summary (I added some line breaks):

    > The impugned provisions of the Amending Act restrict the freedom of political communication in a constitutionally impermissible way.

    > It is not a legitimate purpose, in the constitutional sense, to seek to preserve social cohesion by discouraging all forms of public assembly across a nominated geographical area and irrespective of the purpose of the public assembly and the actual impact (if any) such an assembly may have on social cohesion.

    > Even if that were a legitimate purpose, compatible with the system of representative and responsible government, the means chosen by the legislature are not reasonably appropriate and adapted to achieving that purpose. The PARD [“public assembly restriction declaration”] scheme is a blunt tool. It does not require, or even allow for, consideration of the purpose, characteristics or conduct of any particular public assembly caught by a PARD or the nature or severity of any threat to the community that could be said to arise from any particular assembly.

    > It is not enough that the legislature perceived the need for strong action to preserve the cohesion and safety of the community in the wake of an exceptionally traumatic public event.

    > The system of government established by the Commonwealth Constitution does not permit the State to pursue such an objective by authorising the executive to impose such a sweeping and indiscriminate restriction on all public assemblies.

  2. knowledgeable_diablo on

    WHAAAAAT! They saying that the corner stone of Australian politics – “The Knee Jerk reactionary massively over the top punitive law” – is often unconstitutional??

    Faaaark! The whole system will fall apart if we can’t have our “let’s just slap in a massively over reactionary, not thought through, stick em in jail forever” laws after each and every event regardless of what studies, frequency or risk profiles suggest.

  3. Massive_Opinion_5714 on

    Good. When you google “countries where protests are banned,” it’s not a list we want to be on.