New South Wales' highest court has struck down an anti-protest law introduced after the Bondi beach terror attack, ruling it unconstitutional. The Court of Appeal found the law, known as the public assembly restriction declaration (Pard), impermissibly burdened the implied constitutional right to freedom of communication on government and political matters.
The law, passed after the Bondi attack that killed 15 people, gave police power to restrict marches in designated areas for up to three months following a terrorist attack. It effectively prevented protesters from using the form 1 system to notify police of a public assembly, risking arrest if they marched. The restriction was enforced in parts of Sydney's CBD during a rally against Israeli President Isaac Herzog in early February, which turned violent and sparked a police watchdog investigation.
The challenge was filed by three activist groups: Blak Caucus, Palestine Action Group, and Jews Against the Occupation '48. The full bench of the Court of Appeal—Chief Justice Andrew Bell, Justice Julie Ward, and Justice Stephen Free—unanimously agreed the law was invalid, calling it a 'blunt tool' that did not allow consideration of the purpose or conduct of any particular assembly.
Greens spokesperson for justice Sue Higginson called for charges against 26 people from the Herzog protest to be dropped, stating the police response was based on unconstitutional laws. Premier Chris Minns expressed disappointment, saying the legislation was enacted after 'the worst terrorism event the country's ever seen' and that he did not regret moving it.
