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.