NSW moves to tighten protest laws

The NSW government has moved to restore police powers to disperse protesters harassing or intimidating worshippers, introducing new legislation after a successful Supreme Court challenge.

Attorney-General Michael Daley today tabled the Crimes Amendment (Places of Worship) Bill 2025, saying he made “no apology whatsoever” for strengthening protections for religious communities.

The bill replaces a section of the Law Enforcement (Powers and Responsibilities) Act struck down by the Supreme Court last month after a successful challenge from Palestine Action Group organiser Joshua Lees. The earlier iteration of the law, passed in March, was ruled invalid on 16 October for impermissibly burdening the implied freedom of political communication.

 

The new provisions give police clear authority to issue move-on directions, which are now directly linked to Crimes Act offences such as blocking, harassing, intimidating, or threatening people entering or leaving churches, synagogues, mosques, or temples. Attorney-General Michael Daley told Parliament that the earlier power was struck down because it was “not limited in the way it was drafted to conduct affecting persons accessing or attempting to leave a place of worship.”

This correction is important because no one deserves to be blocked, harassed, or intimidated while trying to attend their place of worship, he said, adding it was never the government’s intention to restrict lawful, peaceful protests that happen to be near a place of worship.

Mr Daley said the government stood by the original laws and was now “improving on them”, arguing that the recent neo-Nazi rally showed exactly why stronger measures were needed. “The characters who assembled outside this place on Saturday afternoon starkly show that the Premier was right,” Mr Daley stated.

This legislative push follows months of near-weekly anti-Israel protests across Sydney, including one held directly outside The Great Synagogue on Elizabeth Street, where the building was locked down and worshippers were urged to conceal visible Jewish or Israeli symbols.

The protest, organised by pro-Palestinian activists carrying banners reading “Sanction Israel”, was condemned as intimidating and distressing for congregants. These incidents, criticised by numerous Jewish leaders and MPs, helped prompt the Minns Government’s earlier push to protect access to places of worship. The October Supreme Court decision to invalidate the move-on power followed months of these pro-Palestine demonstrations, which government estimates suggest have cost more than $10 million in policing since October 7 last year.

Last Saturday, about 70 neo-Nazis gathered outside NSW Parliament, wearing black and chanting the Hitler Youth slogan “blood and honour.” NSW Police later said the rally was deemed an authorised assembly because officers did not oppose the Form 1 application. Premier Chris Minns and senior police said they were not briefed on the decision due to a communication failure, prompting NSW Police to launch an internal review of how the rally was authorised.

Premier Minns announced that separate legislation will be introduced next week to outlaw Nazi symbols, slogans, and behaviour, modelled on German laws, and to prevent protest approvals from overriding hate-speech offences.

He said the government aims to move quickly, with the changes potentially coming before Parliament within a fortnight. “It emboldens extremists, and they used that rhetoric to justify their appalling, obnoxious behaviour on Macquarie Street,” Mr Minns said, linking hate speech to the recent Dural explosives hoax that referenced a synagogue.

Mr Minns also referred to the Dural caravan incident, now the subject of a parliamentary enquiry connected to the earlier Places of Worship Bill. The caravan contained explosives and a note referencing the Great Synagogue. It was initially suspected to be part of a series of antisemitic attacks across Sydney but was later found to be a hoax terror plot orchestrated by criminals.

“History has demonstrated beyond doubt that antisemitism is dangerous and that it has no place in NSW,” Mr Daley added. The seriousness of the situation was underscored as several female MPs reported receiving rape and death threats after condemning the incident.

Two female MPs, Allegra Spender (federal) and Kellie Sloane (NSW state), confirmed they had been targeted online with violent threats following their criticism of the neo-Nazi rally, prompting police investigations. Opposition Leader Mark Speakman said the Coalition would support the worship bill but criticised the government for delays in banning Nazi symbols and called for a ban on protest masks.

Prime Minister Anthony Albanese has also backed calls to restrict masks at protests following the rally, as Jewish community leaders have urged swift action to give police clearer tools to shut down extremist displays.