NSW protests: Future of rallies unclear as police decide whether to extend ban

Kat Wong
AAP
Rallies such as a march condemning US strikes on Venezuela have been held despite NSW's protest ban. (Flavio Brancaleone/AAP PHOTOS)
Rallies such as a march condemning US strikes on Venezuela have been held despite NSW's protest ban. (Flavio Brancaleone/AAP PHOTOS) Credit: AAP

Protesters will soon learn whether they will be allowed to return to Sydney’s streets as police decide whether to lift a ban on rallies.

NSW Police Commissioner Mal Lanyon is expected to decide on Tuesday whether to use his controversial powers to restrict public assemblies for another fortnight.

While some rallies - including a march condemning US strikes on Venezuela - have taken place despite the ban, civil liberties groups and activists warn extending it will prevent people from seeking official authorisation to protest.

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“For all its faults, the (authorisation) process allows the community to have reassurance that they will be treated fairly by police,” NSW Council for Civil Liberties president Timothy Roberts told AAP.

“By not being able to do that, there’s an immediate anxiety about how the police will respond.

“That is a suppression of our rights when the community should be able to freely do that.”

Laws rushed through NSW Parliament in the aftermath of a deadly mass shooting at Bondi Beach have given the Commissioner the ability to ban protests in key metropolitan areas following a declared terrorist incident.

Mr Lanyon deployed his powers almost immediately after they were granted, restricting protests for two weeks from Christmas Eve.

The current declaration restricts public assemblies in Sydney’s southwest, northwest and central metropolitan areas and can be extended fortnightly for up to three months.

All public assemblies since the declaration was announced have been unauthorised, leaving participants vulnerable to arrest for obstructing traffic or pedestrians.

Future renewals could coincide with the annual Invasion Day protest, or the controversial arrival of Israeli President Isaac Herzog, who is expected to visit Australia later in January.

“The ban makes a decision on which protest does and doesn’t happen,” Mr Roberts said.

“This is giving some cover to the Federal Government as the community is being prevented from potentially assembling and showing what they think about these particular people.”

The powers are expected to be challenged in the High Court.

NSW Premier Chris Minns has consistently backed the restrictions, saying the “extraordinary powers” are necessary to maintain peace and order during the summer.

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