UN human rights focus mulled as NSW anti-protest law challenged
Updated . First published at
A United Nations figure wants to shine the spotlight on human rights by joining a legal challenge against controversial anti-protest laws.
In December, NSW Police were given the power to refuse to authorise protests in key Sydney areas after the Bondi Beach terrorist attack when 15 people were killed.
Declarations can be made fortnightly up to three months after a declared terror event.
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First Nations people and supporters take part in a Invasion Day protest in Sydney CBD. Getty
Activists have launched a legal challenge arguing the ban is unconstitutional because it impermissibly burdens the public's implied freedom of speech.
A United Nations special rapporteur with a focus on protecting human rights after terrorism events has sought to intervene in the case.
Professor Ben Saul from the University of Sydney's Law School was appointed into the role in November 2023.
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A number of rallies have been held despite the police declaration. Getty
During a NSW Supreme Court hearing today, the activists' barrister David Hooke SC said his clients welcomed Saul joining the lawsuit.
Brendan Lim SC said the NSW government would need to see the special rapporteur's full submissions before deciding whether to oppose his bid to intervene.
He also flagged that if NSW Police decided not to extend the protest ban, his client might argue the case has no utility and should be dismissed.
A NSW Court of Appeal hearing has been scheduled for February 26.
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Demonstrators during a Pro Palestine rally organised by the Palestinian Action Group Sydney held at Hyde Park in Sydney on October 6 in 2024. Dominic Lorrimer
Blak Caucus, Palestine Action Group and Jews Against the Occupation '48, are the groups behind the constitutional challenge.
Palestine Action Group spokesman Josh Lees said earlier in January that they would defy the law and continue protesting.
A number of rallies have been held despite the police declaration, including against Indigenous Deaths in Custody on January 10 and the annual Invasion Day march on January 26.
A mass protest is also coalescing for the contentious visit of Israeli President Isaac Herzog in February.
In December, NSW Premier Chris Minns expressed confidence the laws would withstand a constitutional challenge.
The ban leaves participants vulnerable to arrest for obstructing traffic or pedestrians.
Police can issue move-on directions to protesters even when they are participating in a static gathering.
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