Legal challenge fails over expanded police powers during Herzog visit
Protesters have lost a legal challenge to the NSW government’s decision to grant police expanded powers during the visit of Israeli President Isaac Herzog, with the Supreme Court finding the declaration was lawful and aimed at public safety.
The Palestine Action Group brought the case after the government declared the visit a major event, a move that enabled police to operate under the Major Events Act. The designation allows officers to issue directions to manage crowd safety, keep opposing groups apart and reduce the risk of confrontation, with fines of up to $5,500 for failing to comply.
Anti-Israel protesters at Darling Harbour (Facebook)
During a hearing on Monday, lawyers for the protesters argued the legislation was being used for an improper purpose, saying it was typically reserved for large commercial events rather than political visits. They said the declaration had the effect of restricting protest activity.
The State of NSW rejected that claim, telling the court the decision was taken to protect public safety amid heightened tensions, and that any impact on protests was secondary and incidental.
In his ruling, Justice Robertson Wright dismissed the application, saying his conclusions had not been reached easily or lightly but that the government had acted within its powers.
The decision allows NSW Police to continue using the expanded powers for the duration of Herzog’s visit, which has attracted both strong support and vocal opposition. Police have said the measures are intended to prevent disorder and violence, not to stop lawful protest.
