In a bold move that aims to safeguard the right to protest, the Palestine Action Group (PAG) is set to legally contest the New South Wales government's decision to empower police with special authorities. This comes ahead of the upcoming protests against the visit of Israeli President Isaac Herzog to Sydney.
On Sunday, the group announced it would urgently submit legal proceedings to the NSW Supreme Court following the government's designation of significant areas in Sydney as a "major event zone." Under the provisions of the Major Events Act, law enforcement is granted the ability to disperse individuals, impose restrictions on entry to these designated areas, and close off specific locations.
Failure to comply with police orders could result in hefty fines reaching up to $5,500. Josh Lees, a spokesperson for PAG, expressed their intent to seek a swift hearing before a judge. He emphasized that the additional powers are being leveraged to "suppress lawful political protest" against President Herzog’s visit.
The group criticized the NSW government for using emergency-style measures that they believe protect a visiting head of state from public scrutiny and accountability rather than promoting human rights. “We're hopeful for a favorable verdict,” Lees stated.
He pointed out that the legislation allowing for the declaration of major events was primarily designed with sporting and cultural events in mind, referring to spectators and ticketed activities. "It's clearly not intended to limit protests," he noted, underscoring the misapplication of the law.
Should the court rule against them, he added, the situation would remain unchanged, which means the planned large-scale protest at Town Hall would still proceed as scheduled.
President Herzog's visit to Australia will last four days, during which he plans to meet with grieving families and members of the Jewish community impacted by the recent tragic Bondi terror attack. Notably, a UN Commission of Inquiry has implicated Mr. Herzog among Israeli leaders accused of inciting acts of genocide; however, Israel firmly denies these allegations, stating that his remarks were taken out of context.
In light of the ongoing tensions, Transport Minister John Graham indicated that the newly implemented police measures aim to ensure the visit goes off without a hitch. He expressed a desire to prevent disturbances linked to the visit, acknowledging that protests—while legal—should be kept separate from the official engagements.
With an anticipated deployment of 3,000 police officers, including 500 specifically assigned to monitor the protest set for Monday night, law enforcement has conveyed the need for a significant police presence during this contentious visit. Acting Assistant Commissioner Paul Dunstan noted that negotiations with PAG regarding the protest's location are still in progress, urging the group to consider an alternate route.
While protesters plan to assemble at Town Hall and march toward NSW Parliament, police have suggested rerouting the demonstration from Hyde Park to Belmore Park to mitigate potential overcrowding and conflicts. Assistant Commissioner Dunstan voiced concerns about the capacity at Town Hall, indicating that overflow into public spaces could escalate tensions between officers and demonstrators.
He reaffirmed that both police and protest organizers share a common goal of facilitating a peaceful demonstration, expressing confidence that there would not be a confrontation. "We want to ensure that this is conducted in a safe and secure manner," he stated.
Last week, Police Commissioner Mal Lanyon further tightened regulations around protests, enabling the denial of authorization for demonstrations in the wake of the Bondi Beach terror incident. While static rallies remain permitted, these restrictions do not outright ban protests but strip away some legal protections necessary for marching through public streets.
In a prior ruling, the NSW Supreme Court sided with PAG, deeming the government's protest regulations concerning places of worship unconstitutional. As a result, road closures across Sydney’s central business district and eastern suburbs will remain in effect until Thursday, with officials urging residents and commuters to avoid unnecessary travel around the city on Monday afternoon.
