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The Supreme Court will consider a legal challenge opposing government restrictions on protest activity that grant police additional powers during Israeli President Isaac Herzog’s visit.
The NSW government on Saturday said it had declared Herzog’s visit a major event under legislation typically used to manage crowds at sporting events, giving police additional powers to “close off” designated areas and order people to leave.
It is the first time the powers have been used for the visit of a foreign dignitary.
The Palestine Action Group filed its legal challenge in the Supreme Court on Sunday afternoon, arguing the legislation used to enact the major event powers was not suitable for protest activity.
The group has planned a demonstration at Town Hall from 5.30pm on Monday to protest against Herzog’s visit. About 5000 people are expected to attend.
Palestine Action Group spokesman Josh Lees said the legislation granted “extraordinary police powers” including stop and search, exclusion zones and restrictions on public conduct.
“[NSW Premier Chris Minns] is using powers meant for sporting events or cultural events to instead give himself and the NSW Police extraordinary and draconian powers to basically shut down our entire city in the interest of parading out a war criminal to this country,” he said.
“[The major events act] talks about spectators, it talks about advertising … it’s clearly not meant to be used to shut down protests.”
The organisation last took the government to the Supreme Court over August’s March for Humanity protest on the Sydney Harbour Bridge, attended by as many as 100,000 people.
Organisers are also urging NSW Police to amend public assembly restrictions to allow Monday’s march to proceed as originally planned from the Sydney Town Hall to NSW Parliament House.
The public assembly restrictions, introduced following the Bondi Beach massacre on December 14 and extended last week, remove protections against legal charges for those who block traffic or pedestrians. They allow police to issue move-on directions to people who obstruct pedestrians or traffic, behave in an intimidating or harassing manner, or in a way that may be perceived as threatening or causing fear.
Once the protest is no longer static or confined to a designated area, police may issue move-on orders. Police can arrest anyone who does not comply with the orders.
“We are expecting huge numbers to this protest. That does mean there is a high chance that people could spill over from Town Hall Square into the surrounding footpaths and roads, which is normal for mass protests,” Lees said.
“Our message to police is not to issue move-on orders to peaceful protesters who are just trying to gather in what police have said is a completely lawful thing to do.”
NSW Police Acting Assistant Commissioner Paul Dunstan urged the group to consider an alternative march from Hyde Park to Belmore Park that would not breach the restrictions.
“We would love the group to relocate … to safely facilitate a peaceful protest on the streets of Sydney,” he said.
“I have concerns about the size of Town Hall, the possibility of overflow into public areas, which could lead to conflict between police and protesters.”
However, Lees said Hyde Park was “out of sight, out of mind” on a weeknight, whereas a march through the city would have the message “seen and heard” by the “maximum number of people”.
Dunstan said he had been in ongoing conversations with Lees, who reiterated to police that the group also wanted a peaceful and safe protest.
An enormous police presence is expected during Herzog’s four-day visit. Officers will be working an additional 3000 shifts. More than 500 officers have been rostered to police Monday’s protest.
Dunstan said: “It’s going to be extremely significant. There will be a strong police presence right across the CBD and the eastern suburbs.”
The major event powers extend from Monday to Thursday and cover a “major event area” in the CBD and eastern suburbs.
Traffic restrictions have been put in place in the CBD. Clearways will be implemented until 2pm on Thursday and buses will not terminate at Circular Quay.
Restrictions will also be implemented at Bondi Beach from Tuesday afternoon.
Police have urged the public to avoid the CBD on Monday due to the police operation.
Transport for NSW secretary Josh Murray urged commuters to stay away from the city on Monday afternoon where possible.
“We hope there is no trouble, but police will be on hand in large numbers, and as a result, if you can move away from the city at an earlier time from work tomorrow, we’d advise you to do this,” he said.
Streets currently affected include:
- Clarence Street, Sydney CBD, western and eastern sides between Barrack and Margaret streets.
- Bligh Street between Bent and Hunter streets
- Gresham Street between Bent and Bridge streets
- O’Connell Street between Bent and Hunter streets
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Amber Schultz is a crime and justice reporter with The Sydney Morning Herald.Connect via X or email.From our partners
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