New South Wales’ top court has struck down protest powers that were rushed through parliament after the Bondi massacre, ruling they went too far in limiting core constitutional freedoms.
In a decision handed down on Thursday, NSW Chief Justice Andrew Bell found the temporary regime — which let the police commissioner block people from even seeking authorisation for rallies in parts of Sydney after a declared terror incident — imposed an “impermissible burden” on the implied freedom of political communication in the Australian Constitution.
Following the verdict, Greens MP Sue Higginson said, “Premier Chris Minns has once again been pulled into line by the courts for inflicting unconstitutional laws on the people of NSW.”
The laws had been introduced in December during an emergency sitting in the wake of the Bondi Beach attack, where two gunmen opened fire at a Hanukkah celebration, killing 15 people.
Under the scheme, the commissioner could issue a declaration covering “key areas” of Sydney for weeks at a time, effectively cutting off the usual Form 1 process to hold a legal protest and exposing attendees to charges like obstructing traffic if they marched anyway.
A broad declaration was signed within hours of the legislation passing and was renewed multiple times, remaining in force until mid‑February.
During that period, police used separate major events powers at a Sydney Town Hall rally against Israeli President Isaac Herzog’s visit, where dozens of demonstrators were pepper sprayed and others were beaten and arrested.
Palestine Action Group and First Nations‑led Blak Caucus brought the constitutional challenge, arguing the post‑Bondi powers had a chilling effect on free speech and disproportionately hit pro‑Palestine and Indigenous‑led demonstrations.
The groups said the laws were sold as a terrorism response but were drafted so widely they could be triggered in situations with no direct security threat, while still giving police sweeping discretion over who could gather and where.
The Minns Government had maintained the laws were narrow, temporary and needed to “protect the community and enhance social cohesion” in the traumatic aftermath of the Bondi attack. Speaking about the regime ahead of the judgment, Premier Chris Minns defended recalling parliament and moving the legislation quickly, saying: “I don’t regret moving that legislation at all”.
“It’s tricky when you’re introducing changes to legislation like that because there’s a necessary infringement on constitutional principles,” he said, adding there were also “the right of individual citizens to go about living their life free of intimidation, persecution or violence”.
Civil liberties groups and protest organisers, who had labelled the measures “draconian” when they passed, are now poring over the ruling and what it means for upcoming demonstrations.
The state government is yet to outline its next steps, but the decision leaves its post‑terror protest strategy in doubt just months after it was pushed through as an urgent response to one of the most shocking attacks in NSW’s recent history.
Lead image: Getty
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