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A court has nullified extensive police powers that allowed authorities to relocate protesters from areas surrounding places of worship, following critiques that these measures were overreaching and hindered personal freedoms.
Critics argued that these powers, which permitted police to disperse protesters considered too close to religious sites, were unconstitutional and excessively broad.
According to pro-Palestine activist Josh Lees, the lack of clarity regarding the scope of this legislation or the definition of “nearness” rendered it ineffective and posed a potential threat to the right to protest in New South Wales. He presented his case before the state’s Supreme Court.
Justice Anna Mitchelmore ruled in favor of Lees, determining that the laws unjustly restricted individuals’ freedom of communication and were therefore invalid.
She dismissed the argument put forth by NSW Solicitor-General Michael Sexton SC, who contended that the laws were specifically designed to protect individuals from harassment by disruptive protesters as they entered or exited places of worship.
The police powers had an “obvious and legitimate purpose” after being introduced in response to threats and attacks at places of worship around the country, he argued.
Lee’s legal team contended the laws were discriminatory because they expressly target certain types of political speech in a way that inevitably favoured some viewpoints over others.
That was upheld by the judge, who swept aside Sexton’s contention that the validity of the laws wasn’t affected by the fact there were exemptions for union rallies or for people in charge of places of worship to permit protests.
When implementing the laws in February, Premier Chris Minns was warned the laws would be problematic when many town squares had a church, including outside the Supreme Court itself.
But Labor instead listened to concerns from peak Jewish groups after rallies went past the Great Synagogue in Sydney’s centre.
NSW Attorney-General Michael Daley at the time said the boosted police powers would ensure people could practice their beliefs in safety.