NSW Parliament passes new laws to protect places of worship

The NSW Parliament has passed legislation ensuring people can attend their places of worship without being blocked, harassed or intimidated, with police retaining powers to move on protesters who interfere with access.

The Law Enforcement (Powers and Responsibilities) Amendment (Places of Worship) Bill 2025 was passed by Parliament on Thursday, 27 November. The legislation confirms that police have the authority to issue move-on directions to protesters who interfere with a person’s ability to enter or leave their place of worship.

The legislation responds to a recent Supreme Court decision that affected existing move-on powers, although the court did not strike down the offence provisions, which remain in force.

Attorney General Michael Daley said the government acted quickly to ensure police retain appropriate powers while balancing community protection with freedom of political expression.

“No one should be harassed or intimidated trying to attend their church, synagogue, temple or mosque. This kind of behaviour is unacceptable and has no place in NSW,” Mr Daley said.

“Following the decision of the Supreme Court, we have reintroduced a move on power which balances community protection and the right to protest.

“The Government has acted quickly to ensure NSW Police retains appropriate powers to move on protesters who affect someone’s ability to access or leave their place of worship.”

The move-on powers were originally introduced in February 2025 as part of a suite of three bills addressing racial hatred, Nazi symbols, and harassment at places of worship. The package was developed in response to antisemitic attacks that caused community division and fear. However, in October, Supreme Court Justice Anna Mitchelmore ruled the original move on provisions invalid, finding they went beyond what was necessary to protect people entering and leaving places of worship.

Premier Chris Minns recommitted to the legislation following that decision. “I can’t ensure that it won’t be challenged, in fact I can almost guarantee that it will be,” he told reporters last week. “But you appreciate the dilemma that the government, that the police, are under.”

Michele Goldman, CEO of the NSW Jewish Board of Deputies, welcomed the swift action of the NSW Government and Parliament to crack down on displays of hate and intimidation at places of worship by ensuring that move-on provisions are protected. She said the Supreme Court’s decision to invalidate the original powers had been disheartening for the community, particularly given recent scenes at The Great Synagogue.

“Jewish people have the right to access synagogues safely and without fear, just like every other religious community,” she stated. “We welcome these new laws that empower police to act against protesters who block, harass or intimidate people attending synagogues or any other place of worship.”

The latest legislation complements broader reforms passed by Parliament in February. Under those laws, it is an offence to intentionally block, impede or hinder a person from accessing or leaving a place of worship without reasonable excuse, or to harass, intimidate or threaten a person accessing or leaving a place of worship. These offences carry penalties of up to two years imprisonment and fines of $22,000, or both.

When the original legislation was passed in February, Attorney General Daley emphasised the balance the government was striking.

“People of faith have the right to attend their place of worship without fear or obstruction,” Mr Daley said in February. “Blocking access to a church, mosque, synagogue or other holy building is a completely unacceptable behaviour that has no place in our society. These proposed changes provide strong penalties and expand police powers to ensure people can practise their beliefs in safety.”

The February package also included the Crimes Legislation Amendment (Racial and Religious Hatred) Bill 2025 and the Crimes Amendment (Inciting Racial Hatred) Bill 2025, which criminalise inciting racial or religious hatred and impose tougher penalties for displaying Nazi symbols near Jewish institutions including synagogues, the Sydney Jewish Museum and Jewish schools.

Premier Chris Minns said in February when introducing the original legislation, “Disgusting acts of antisemitism and intimidation have no place in NSW; acts designed to divide will not work. Our package is a strong response to recent antisemitism, but will also protect any person of any religion.”

The government has emphasised that the amendments balance community protection with freedom of political expression, with provisions excluding authorised public assemblies from the move-on powers.