Group claims laws rushed through after wave of antisemitism in state are ‘unconstitutional’ and ‘undemocratic’
A legal challenge has been launched against controversial New South Wales laws aimed at curbing antisemitism and which give police broad powers to restrict protests near places of worship.
The Palestine Action Group filed the challenge in the NSW supreme court on Monday, arguing in the statement of claim that the laws were invalid because the change “impermissibly burdens the implied [commonwealth] constitutional freedom of communication on government or political matters”.
Last week a firestorm erupted among NSW parliamentarians after NSW police revealed a caravan found laden with explosives on the outskirts of Sydney and a wave of antisemitic attacks were a “con job” by organised crime to distract police and influence prosecutions.
The NSW premier, Chris Minns – who labelled the caravan plot “terrorism” in late January when the investigation was leaked to the media – and the state police minister, Yasmin Catley, have refused to say when they knew the caravan plot was a hoax and not a terror event, and if it was before controversial hate speech and religious worship bills were rushed through state parliament.
The Greens and members of the crossbench have accused the pair of misleading the public and parliament in a bid to rush the laws through. Meanwhile, the NSW opposition has indicated it would support a parliamentary inquiry to “get to the bottom” of when the government knew the caravan plot was a “con job”.
Josh Lees, a spokesperson for the Palestine Action Group, accused the Minns government of rushing the laws restricting protests near places of worship through parliament “based on lies and deception”.
“There are very few places left in Sydney where anyone could protest if these laws are allowed to stand. Hyde Park, Town Hall, right here outside the supreme court – all are near places of worship, are near churches, and therefore the police could have powers to ban protests that happen in those locations,” Lees said.
“We say these laws are unconstitutional. They’re undemocratic,” Lees said.
The Greens MP for Balmain and spokesperson on democracy, Kobi Shetty, will separately introduce a bill on Tuesday to repeal the religious worship bill.
“These laws were rushed, reactionary and fundamentally flawed,” Shetty said.
Minns said on Monday that the government believed the laws were “constitutionally sound”. “I’m not going to second-guess the courts. It’s up to them to make a decision,” the premier told reporters.
“There’s also the freedom in a big city like Sydney and a state like NSW, where people should have the freedom to practise their religion free from intimidation or hate … and that’s the reason we moved the laws in the first place.”
The laws are among a suite passed by the government in February meant to curb antisemitism. The laws cover a number of measures, including displaying a Nazi symbol on or near a synagogue, and create an aggravated offence for graffiti on a place of worship.
But the most controversial changes have been the government’s move to criminalise people making racist remarks in public and restrict protests near places of worship. Both carry a maximum penalty of two years in prison.
The offence being challenged in court criminalises hindering someone from leaving or entering a place of worship. The laws also give police full application of their move-on powers “in or near” places of worship, regardless of what a protest is about and whether it is directed at a religious institution. This means that if someone is obstructing someone “in or near” a place of worship, police can issue a move on order.
How “near” a person must be to a place of worship before police can issue a move on order is at the discretion of police.
One Labor MP labeled the laws the most “draconian” anti-protest measure in decades in an internal party meeting.
When the laws were passed in February, the NSW Bar Association agreed with the government that the laws struck the right balance between the right to freedom of religion and the right to freedom of expression.
But the NSW Council for Civil Liberties said the laws were “undemocratic”.
With backing from the Greens, the council has called for a legislative inquiry into whether the parliament and public were misled before the hate speech and places of worship bills were passed.
“We call on NSW parliamentarians to repeal this legislation that has done damage to the very democracy that allowed them to be elected, and also call [for an] inquiry to find out who knew what and when,” the president of the council, Timothy Roberts, told reporters on Monday.
The legal challenge against the laws has been listed for mention in the supreme court on 8 April.