Chris Minns’ Labor government, with the support of the Liberals, used the Bondi attacks last December to rush in new laws, which bypassed the Summary Offences Act.
Socialist Alliance spokesperson Isaac Nellist told Green Left that “Minns used the terrible attacks in December to divide people, by making out that the Palestine solidarity movement was somehow responsible for the Bondi shootings.”
“Minns then brought in laws that gave an unelected official the right to decide which protests could go ahead. Basically, the laws that the court struck down were aimed at stopping all protests — but particularly those being organised by the anti-genocide movement.
“Minns then instructed NSW Police to stop a protest against the visit of [Israeli Prime Minister] Isaac Herzog. It didn’t work and 30,000 people showed up. At some point, police received an order to unleash violence against the pro-Palestine protesters. Many people were crushed, some had to go to hospital and others were arrested for holding up their hands.”
The anti-Herzog protest is being investigated by the Law Enforcement and Conduct Commission, after it received so many complaints about police brutality.
The NSW Supreme Court found that Minns’ new law impermissibly burdens the implied constitutional right to freedom of communication on government and political matters. The challenge was bought by Palestine Action Group, Blak Caucus and Jews Against the Occupation ’48.
“This is the third time that the highest court in NSW has ruled that Minns’ anti-protest laws are unconstitutional,” Nellist said.
His laws banning protests near places of worship, brought in after the Dural caravan hoax terror plot in February last year, were also declared unconstitutional.
Parts of other anti-protest laws were similarly declared unconstitutional in 2023 after they were challenged by two Knitting Nanna climate protesters.
“The Socialist Alliance joins with others in welcoming the court’s decision because it is a victory for democratic rights, freedoms and the right to protest a genocide,” Nellist said.
“NSW showed it does not support restrictions on the right to protest, as we marched across the Sydney Harbour Bridge last year demanding Labor cut ties with Israel’s genocide. Minns tried to stop that protest from going ahead, and the court ruled that it could.”
Nellist said that the government must instruct NSW Police to drop the prosecutions against protesters charged with ridiculous offences at the Herzog protest.
“Now, more than ever, we need a Human Rights Act in NSW that spells out and protects our democratic right to protest unjust laws and policies. While Labor seems committed to ignore our rights, we must organise to defend them.”
[If you were one of many protesters targeted by NSW Police at the Herzog rally, submit your complaint to the Law Enforcement Conduct Commission.]