Major demonstrations in Sydney planned for 26 January could still go ahead even if a declaration restricting protests is extended beyond that date, as police confirm they are working with different organisers on contingencies.
Last week, the New South Wales police commissioner, Mal Lanyon, extended a controversial restriction on protests in the wake of the Bondi terror attack to 20 January, effectively banning the ability for organisers to carry out major protests on the city’s streets without the risk of people being arrested by police.
The assistant commissioner Peter McKenna on Thursday said Lanyon would likely make the decision on whether to extend the declaration for another 14 days before the current declaration ends on Tuesday.
A possible extension has raised questions over what that will mean for annual Invasion Day protests.
But McKenna said: “At the moment, we are working with the organisers for various public assemblies on Australia Day.
“And we’ll have different contingencies in place to work with them, regardless of whether there is a declaration.
“I know it’s not exactly the most clear-cut legislation, but we’ve worked with it.”
Sign up: AU Breaking News email
The anti-immigration group March for Australia also have a protest planned in Sydney on 26 January.
McKenna held a press conference on Thursday morning ahead of two protests planned for this weekend.
The declaration now in place does not ban protests outright, but bans the use of the form 1 system that could otherwise protect protesters from being charged for offences such as obstructing traffic or obstructing people on a footpath.
The declaration can be enforced for 14-day increments for up to 90 days after a terror attack.
“It really does mean that people can still have free speech, people can still gather in a park or somewhere that they’re not impeding people, and have free speech as they’ve always been able to do,” McKenna said.
McKenna said there had been 25 “static” protests since the declaration was put in place. This has included rallies this week to show solidarity with anti-regime protesters in Iran, which McKenna said had been respectful and there have been “no problems”.
On Friday, the groups Stop the War on Palestine and Jews Against the Occupation will host a rally outside the Sydney Town Hall against the Minns government’s anti-protest laws, and to call for Anthony Albanese to cancel a planned visit by the Israeli president, Isaac Herzog. It has been endorsed by a number of organisations, including the NSW Greens and Labor Friends of Palestine NSW.
Adam Adelpour, a spokesperson for Stop the War on Palestine, said the protesters didn’t intend to march through the city, and planned to remain static outside Town Hall.
“The government has tried to intimidate people by giving the impression they can’t even assemble,” he said. “Part of what our action does is remind people that it’s not within the rights of police to prevent a static assembly, even under these draconian laws.”
A protest on Sunday will be held in Hyde Park to mark 10 years since David Dungay Jr, a Dunghutti man, died at the age of 26 at Long Bay jail in Sydney’s south. It will also call for justice for Dungay, and a stop to all deaths in custody.
Asked if attendees who block pedestrian access to George Street at Friday’s protest at Town Hall could be arrested, McKenna said: “We have powers to move people on, disperse them if we need to. We’ll make those assessments as it goes.”
“We understand it’s very volatile time at the moment, geopolitically,” McKenna said.
“We understand and empathise with people who this does affect and have their own feelings going on. And we’re not an anti-protest organisation. We’re not a political organisation.”
