NSW protest permit system must be abolished

The Human Rights Law Centre is calling for the abolition of the Form 1 “protest permit” system after NSW Police arrested 170 people peacefully protesting the world’s largest coal port at Rising Tide in Newcastle over the weekend. 

In the weeks leading up, NSW Police successfully opposed Rising Tide’s Form 1 application, thereby opening up the protesters to potential criminal liability for their peaceful demonstration. The Minns Government also tried to impose an exclusion zone over the Port of Newcastle to prevent protests in that area altogether, but this was struck down by the Supreme Court. 

The Form 1 permit system was implemented to facilitate safe and peaceful demonstrations. The Form 1 system, under Part 4 of the Summary Offences Act 1988 (NSW), requires protest organisers to provide written notice to the Police Commissioner of their intention to hold a public assembly, to secure authorisation and protection from certain offences. 

The Centre holds concerns that NSW Police appear to be using the system to stifle dissent by creating legal and procedural barriers that disproportionately target some voices over others. Recently, police have used the system to block or restrict protests, such as pro-Palestinian demonstrations, by citing vague public safety concerns.  

The Human Rights Law Centre is calling for the Form 1 system to be abolished immediately, arguing that it gives police excessive power to suppress peaceful protests. 

David Mejia-Canales, Senior Lawyer at the Human Rights Law Centre, said: 

"The right to protest is fundamental to our democracy. No one should have to seek permission from police to exercise this right. 

“The NSW Police are weaponising the Form 1 permit system to shut down people’s freedom of speech and dissent. This system is not just a threat to protestors — it’s a threat to all of us and to our democracy. It must be scrapped. 

"These permits give police the power to authorise what we can say, when we can say it, and how we can say it. This broken system is punishing peaceful protestors instead of protecting our rights. 

"While the climate emergency worsens, it says everything that the Minns Government is criminalising people protesting for a better planet rather than taking decisive action towards a climate-safe future.” 

Media contact:
Chandi Bates
Media and Communications Manager
Human Rights Law Centre
0430 277 254
chandi.bates@hrlc.org.au