The New South Wales (NSW) Police Commissioner, Mal Lanyon, has extended public assembly restrictions across Sydney's Central Metropolitan, South West Metropolitan, and North West Metropolitan policing areas until January 20, 2024. The decision, which follows an initial declaration on December 24, 2023, is based on ongoing community safety concerns after a terror incident in Bondi. While static gatherings remain permitted, the restrictions impact the authorization process for public protests, a move that has drawn criticism from civil liberties groups but received support from the NSW government.
Extension Details and Legislative Basis
Commissioner Lanyon announced the extension on a Tuesday afternoon, applying it for an additional 14 days. This declaration operates under new legislation enacted last month, which grants the Police Commissioner the authority to temporarily restrict protests in public areas following a declared terrorist incident. The legislation allows for extensions in 14-day increments for a total period of up to 90 days.
Rationale for the Decision
Commissioner Lanyon cited the "potential to cause fear and public safety issues" and "ongoing community safety impacts of further protests in the wake of the Bondi attack" as reasons for the extension. He stated that the decision aims to ensure the community feels safe and allows time for grief after what he described as the "most significant terrorist incident in NSW." Lanyon clarified that the measure is not intended to impede free speech and that no new intelligence specifically prompted this extension, but rather a "heightened tension" within the community. NSW Police Minister Yasmin Catley publicly affirmed the government's support for the Commissioner's decision, stating it is based on intelligence and risk assessment. NSW Premier Chris Minns previously described civil liberties concerns regarding the new law as "overblown rhetoric," emphasizing the need to prevent situations where "mass protests rip apart our social cohesion."
Impact on Public Assemblies
Under the renewed declaration, police will not process Form 1 applications for protests in the affected metropolitan areas. Form 1 authorisation typically provides legal protection to protesters from charges such as obstructing traffic or pedestrians.
Police have clarified that general gatherings, including "peaceful" and static assemblies in parks or locations where individuals do not impede others, are still permitted. Since the initial declaration, 25 "static" protests have occurred, including solidarity rallies for anti-regime protesters in Iran, which police reported as respectful and problem-free.
Individuals who obstruct roads or businesses, behave in an intimidating or harassing manner, or cause fear in others may be ordered to disperse. Failure to comply can result in charges. Police also retain the authority to mandate the removal of face coverings from individuals suspected of committing an offense. Assistant Commissioner Peter McKenna affirmed that police possess powers to move on or disperse individuals blocking pedestrian access, with assessments to be made during specific events.
Reactions and Criticisms
The new powers have drawn criticism from civil rights organizations and demonstrators, who contend that these rules infringe upon the democratic right to protest. The Stop the War on Palestine group specifically condemned the extension, asserting that the ban is connected to removing democratic rights rather than promoting social cohesion.
The Palestine Action Group announced their intention to file a constitutional challenge against the legislation in the NSW Supreme Court, stating that the legislation serves to "silence the people’s voices." Timothy Roberts, President of the NSW Council for Civil Liberties, described the impact of these powers as an "extraordinary chilling effect on our democratic rights."
Upcoming Events and Future Outlook
During the initial 14-day period, a protest related to Venezuela took place. One participant, who wore a jacket displaying the phrase "globalise the intifada," was arrested and subsequently released without charge.
Several protests are planned despite the current declaration:
- A coalition of protest groups has announced plans for a rally titled "Genocide is a crime, Protest is Not" in Sydney on January 16.
- Stop the War on Palestine and Jews Against the Occupation plan a static assembly on January 19 outside Sydney Town Hall, protesting anti-protest laws and a planned visit by Israeli President Isaac Herzog.
- A protest is scheduled for January 21 in Hyde Park, commemorating 10 years since David Dungay Jr.'s death at Long Bay jail and advocating for justice regarding deaths in custody.
Regarding the annual Invasion Day rallies on January 26, Commissioner Lanyon described consideration of further extensions affecting these as "very premature," stating that the need for a public safety declaration would be assessed closer to the end of the current period. Assistant Commissioner McKenna indicated that police are collaborating with various organizers on contingency plans for Australia Day public assemblies, irrespective of a declaration.