Sydney Opera House protest blocked over ‘extreme’ safety risks

Police have blocked a pro-Palestine protest at the Sydney Opera House after a court ruled there were “extreme” safety risks.

Justice Stephen Free made the order after NSW Police launched action to prevent the controversial protest from going ahead on public safety grounds.

The NSW Court of Appeal unanimously found the protest presented “extreme” risks to public safety.

“The public safety risk to participants and other members of the public is extreme,” Justice Free said in his judgment on Thursday morning.

He cited the risk of a crowd crush as the marchers moved into the narrow forecourt of the Opera House and the lack of appropriate egress points.

“The extremity of that risk is only magnified if the first defendant’s estimate of participation levels is exceeded,” the judgment read.

“There is a real risk that the current estimate of 40,000 will be exceeded, particularly having regard to the timing of the march, on approximately the second anniversary of the bombing of Gaza, the iconic nature of the proposed destination of the procession and the heightened attention that will inevitably be given to the proposed procession by these proceedings.”

Rally organiser Palestine Action Group (PAG) wanted protesters to march from Hyde Park to the Opera House forecourt in staggered segments.

There are three exit points in the space: the boardwalk at Circular Quay, an exit into the Royal Botanic Gardens and a stair route into the Royal Botanic Gardens.

PAG estimated some 40,000 people would attend the protest, but the police warned the number could blow out far beyond that figure.

Justice Free said it would be “irresponsible” to allow the event to proceed regardless of its political significance.

He was not satisfied the group could mitigate the safety risks despite their experience with protests and co-operation with police.

The group have been protesting at Hyde Park nearly every week since the war broke out in 2023, following Hamas’ attack which killed 1200 people and the subsequent conflict.

“It is the exceptional risks associated with the particular route and ultimate destination of the procession, considered in the context of the likely size of the crowd and its potential movement, that give rise to the commissioner’s application and the court’s conclusions as to the unacceptable nature of those risks,” Justice Free said.

The decision comes after Assistant Commissioner Peter McKenna on Wednesday warned the protest was a “disaster waiting to happen”, citing concerns about trying to “funnel” protesters through limited egress routes.

“I don’t believe there are sufficient egress routes. I believe they are dangerous,” Mr McKenna said.

“I don’t think people are just going to walk in and then walk out.

“If there is an emergency situation … this scenario you’re putting to me is lovely if all the people are well behaved, if they go in 50 at a time or 100 at a time,” he said.

“I don’t know if they can achieve that, I don’t see a scenario where that can be achieved.

“The fact of the matter is, what if there is an emergency in the forecourt? What if emergency services need to get there? It gives us really significant concerns.”

PAG organiser Damian Ridgwell rejected safety concerns during a press conference outside the court on Tuesday.

“We have held over 100 demonstrations which have been peaceful and safe and have involved hundreds of thousands of people over the last two years,” Mr Ridgwell said.

“Our demonstration will be a mass peaceful gathering of people who are rejecting war and occupation, rejecting the racism and the genocide of the Israeli state and upholding the rights of the Palestinian people.”

Mr Ridgwell said the Opera House had hosted political protests over the years as well as the 1996 Crowded House concert that was estimated to have attracted more than 100,000 people.

Felicity Graham, appearing for PAG, fronted up against James Emmett SC, for the police, in Wednesday’s urgent full-day hearing before Chief Justice Andrew Bell, Justice Ian Harrison and Justice Free.

Mr Emmett had stressed the police accepted free speech and free assembly were important democratic rights, but their urgent application against the march centred on public safety.

NSW Premier Chris Minns backed the police application, saying they had “made the right call”.

“They’ve done it on safety grounds and you know the police are in a very difficult position here,” he said.

“They’re tasked with keeping a big city like Sydney safe for everybody that wants to use it.”