Anti-protest laws on places of worship to be bolstered
Despite being deemed unconstitutional, powers to move on protesters at places of worship will be reinforced in the aftermath of a shocking neo-Nazi protest.
Protest outside Great Synagogue, July 14, 2024 (NSW JBD)
Sweeping anti-protest laws over places of worship are set to be strengthened, a month after they were struck down by the courts.
The powers, which allow police to move on protesters who affect a person’s ability to enter or leave a place of worship, will be reinforced through a new bill introduced to NSW Parliament on Tuesday.
It is part of the state government’s response to a neo-Nazi protest, where 60 black-clad demonstrators were allowed to assemble outside NSW parliament and yell racist chants.
“This change strikes the right balance between protecting the community and the right to protest,” NSW Attorney-General Michael Daley said.
“It is not acceptable that someone is harassed or intimidated simply for attending their church, synagogue, temple or mosque.”
The laws were first rushed through parliament in February after a spate of anti-Semitic graffiti and arson incidents across Sydney and Melbourne.
But Palestine Action Group activist Josh Lees soon took the government to court, arguing it was unconstitutional to give police the bolstered powers and noting it would have a chilling effect on protesting.
In mid-October, Supreme Court Justice Anna Mitchelmore agreed, ruling the laws were invalid and went “beyond what is necessary” to achieve the protection of people entering and leaving a place of worship.
The government has since amended the bill in a bid to help balance community protection with freedom of expression, and ensure police can continue to use these powers, Mr Daley said.
Asked last week if he could ensure the legislation would not be challenged, Premier Chris Minns could not give a surety.
“I can’t ensure that it won’t be challenged – in fact, I can almost guarantee that it will be,” he told reporters.
“But you appreciate the dilemma that the government, that the police, are under.”
Mr Minns re-committed to the laws after the National Socialist Network demonstration in early November, but groups like the NSW Council for Civil Liberties argued the government should have been able to deal with the neo-Nazis through existing laws.
While the protest was known by members of police and others within government ahead of time, that information wasn’t shared with MPs and other leaders, the premier said.
In the fallout of the event, he also vowed to expand a ban on Nazi symbols to include chants after the protesters yelled the Hitler Youth slogan “blood and honour” while holding up a banner that read “abolish the Jewish lobby”.
One of the neo-Nazis who attended the rally will soon be kicked out of Australia as federal Home Affairs Minister Tony Burke on Monday confirmed he had cancelled the visa held by South African Matthew Gruter.
By: Kat Wong/AAP
