NSW Police will drop a charge against Greens candidate Hannah Thomas after a review found that officers should not have used rare emergency powers that were introduced after the 2005 Cronulla riots.

The 35-year-old, who contested Prime Minister Anthony Albanese’s seat of Grayndler at the federal election, was charged with resisting police and refusing or failing to comply with a direction to disperse.

The Sydney Morning Herald last week revealed the second charge had cited emergency anti-riot powers under part 6A of the Law Enforcement Powers and Responsibilities Act (LEPRA).

That power requires authorisation by an assistant commissioner or a higher rank to quell “large-scale public disorders”.

Assistant Commissioner Brett McFadden, who has declared this a critical incident, said he reviewed the charges and would withdraw the anti-riot charge.

He will instead charge her with refusing or failing to comply with a direction under part 14 of LEPRA.

“On Monday 30 June 2025, I put in place a process to review the charges laid in this matter to ensure the relevant and most appropriate charges are applied,” he said in a statement today.

“The review is part of normal critical incident protocols.

“As part of the review an additional charge of refuse/fail to comply with direction under Part 14, section 199(1), LEPRA 2002, has been laid today. At the next court appearance, police will seek to withdraw the alternative charge under section 87ma(4).”

The critical incident investigation is ongoing and will be reviewed by the Professional Standards Command with oversight from the Law Enforcement Conduct Commission.

Thomas has insisted the protests outside SEC Plating on Lakemba Street were peaceful and has engaged lawyers, who are investigating all legal avenues. 

“We are exploring all legal avenues to ensure accountability and to protect the rights of those who seek to exercise their fundamental freedoms of assembly and expression,” her lawyer Peter O’Brien said in a statement today.

“Excessive force by police is a matter of serious concern and must be carefully examined through proper legal processes.”

Protesters claimed SEC Plating supplies parts used to manufacture F-35 jets, which are flown by the Israel Defence Forces — a claim the company denies. 

McFadden last week alleged the protest was unauthorised, blocked pedestrian access and the crowd were directed to move on twice.

A few protesters, including Thomas acting as a legal observer, allegedly failed to comply and were arrested.

Some were involved in an alleged “scuffle” with officers. 

Thomas suffered serious facial injuries during her arrest and was rushed to Bankstown Hospital, where she underwent surgery.

”I don’t want to get into too much detail about the traumatic events on Friday, but I’m 5’1″, I weigh about 45 kilos,” Thomas said in a video from her hospital bed on June 29.

“I was engaged in peaceful protests, and my interactions with NSW Police have left me potentially without vision in my right eye permanently.”

Thomas will face Bankstown Local Court on August 12. 

A total of five have been charged in relation to the protest, and investigations remain ongoing.