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NSW Supreme Court Invalidates Police Protest Move-On Powers Near Places of Worship

The ruling turns on an impermissible burden on the constitution’s implied freedom of political communication.

Overview

  • Justice Anna Mitchelmore ruled the provisions unconstitutional, finding they impermissibly burden political communication and are therefore invalid.
  • Activist Joshua Lees brought the successful constitutional challenge on behalf of the Palestine Action Group.
  • The February changes allowed police to direct people to move on if protests were held “in or near” places of worship, even when demonstrations were not directed at a religious venue.
  • Lawyers for the challengers argued the vague wording would chill lawful protests in central Sydney, while the state contended the powers were confined to protecting worshippers.
  • The full written judgment is expected shortly, and the decision heightens scrutiny of the Minns government as a separate upper house inquiry into the Dural caravan episode remains unresolved.