Damien Tudehope
Shadow Attorney General
Today’s decision by the Supreme Court of NSW to strike down protest laws passed last year is a disappointing outcome and demonstrates the incompetence of the Minns Labor Government.
Throughout last December’s emergency sitting of Parliament, the NSW Liberals and Nationals consistently warned Labor against rushing through complex legislation before it could be thoroughly examined.
The NSW Liberals and Nationals ultimately supported the legislation in the interest of guaranteeing community safety in the wake of the Bondi Beach terrorist attack.
Today’s decision is a consequence of that rushed approach and lack of consultation and will force the Minns Labor Government back to the drawing board.
The NSW Liberals and Nationals stand ready to work with the Government in a constructive fashion to introduce laws that protect community safety, do not unnecessarily drain police resources and protect fundamental democratic freedoms.
We also call on the Minns Labor Government to revisit amendments we have previously proposed that would regulate public assemblies in a way that is consistent with the implied freedom of political communication, including:
- Requiring decision-makers to consider public amenity, social cohesion, economic impact, community disruption and the public cost of proposed protests.
- Providing clearer powers to police and courts to properly weigh these factors.
- Addressing repeat protests and the deliberate shielding of identity.
- Allowing for the recovery of policing costs where there is intentional and unreasonable disruption.
- Preserving the right to lawful protest while deterring conduct that imposes significant and unjustified costs on the wider community.