Protest law clash set for state’s highest court

Protest groups will seek to have the Minns government’s protest laws declared invalid in the state’s highest court next month.

Three activist groups launched proceedings in the NSW Supreme Court in a constitutional challenge against the state government’s protest laws, which were ushered through in the wake of the Bondi terrorist attack in December.

The groups argued the laws impinge upon implied constitutional freedoms and have asked that they be declared invalid.

The matter will be determined by the state’s highest court, the NSW Court of Appeal, during a hearing next month, a court was told on Thursday.

Under the laws, which were pushed through parliament in the wake of the Bondi massacre in which 15 people were killed, no public assemblies can be authorised by police and any Form 1 applications are denied.

The declaration does not strictly prohibit a protest, though it strips attendees of protections from criminal offences such as obstructing traffic, which would be granted under a Form 1 application.

The laws allow protests to be banned for up to 90 days following a terrorist event, but they must be reviewed every fortnight.

If the ban is not extended, then it lapses and cannot be put back in place.

Last week, NSW Police Commission Mal Lanyon announced a 14-day extension of its public assembly restrictions covering Sydney’s eastern suburbs and most of the CBD.

However, it did not cover Hyde Park and there were significant carve outs which allowed Invasion Day protests to go ahead on Australia Day earlier this week.

In the Supreme Court on Thursday, Chief Justice Andrew Bell made a timetable for both sides to submit a proposed statement of agreed facts and written submissions.

The matter will be heard by the Court of Appeal on February 26.