Minns Government urged to scrap anti-protest, anti-democratic laws
The Minns Government must protect the right to peaceful protest in NSW and scrap draconian anti-protest laws, said the Human Rights Law Centre. The current anti-protest laws in NSW are anti-democratic, disproportionate and violate international human rights law, in particular the freedom of expression and peaceful assembly.
The current laws, which were rushed through in April 2022 in 30 hours, deliberately target protesters, threatening everyone from school children marching for climate action to anti-war protestors with up to two years in jail and a $22,000 fine.
The broad and vague wording of the laws dramatically expanded where an offence could apply, leaving ordinary people unsure of their lawful ability to protest. Parts of these laws were also recently struck down as unconstitutional by the NSW Supreme Court.
The Human Rights Law Centre, in its submissions to a review of the laws, recommended the Minns Government to:
Repeal the April 2022 anti-protest amendments to current laws
Review the 'protest permit' system
Legislate a Human Rights Act in New South Wales
David Mejia-Canales, Senior Lawyer at the Human Rights Law Centre, said:
“The right to protest is fundamental to our democracy. Protest has been crucial to achieving many important social changes from voting rights for Aboriginal and Torres Strait Islander people, to the eight-hour workday.
“The right to peaceful protest has been under attack in NSW and across Australia. The current laws are not only anti-protest, they are anti-democratic. The review is an opportunity for the Minns Government to do the right thing and protect our democracy and the right to peaceful protest by scrapping these laws.”
Background
In the last five years, South Australia, New South Wales, Tasmania, Victoria and Queensland have all passed anti-protest laws which impose severe penalties on people for engaging in peaceful protest.
NSW’s laws provided the basis for Violet Coco being sentenced for 15 months in jail, which was subsequently overturned.
Read our submissions to the Inquiry on NSW's anti-protest laws here
Media contact:
Thomas Feng
Acting Engagement Director
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au