Sydney’s mayor has warned that new laws proposed by the New South Wales government would give police powers to block peaceful protests at town hall – a regular site for demonstrations in the city.
The laws, introduced to parliament on Tuesday and carrying a maximum of two years in prison, are the first tranche of a suite of measures aimed at stemming antisemitism after a series of arson attacks and graffiti on synagogues and in Sydney’s suburban streets in recent months.
According to multiple sources, a number of Labor MPs voiced concerns about the broad nature of laws which would ban protest outside places of worship, with the laws giving police broad powers to issue move on orders regardless of whether the protest is directed at the place of worship. The legislation also does not define how near the protest needs to be to a place of worship in order for police execute the move on powers.
Sydney’s mayor, Clover Moore, has warned that the laws could impact “genuine and peaceful demonstrations at the plaza outside the town hall, which is near St Andrew’s Cathedral, adding: “Whether or not police use these powers should depend on the circumstances, and police should be trained and encouraged to use appropriate discretion.”
“I welcome the government’s commitment to addressing the terrible rise in antisemitism and Islamophobia, but we should be careful not to erode civil rights or chill genuine protest in the process.”
The NSW premier, Chris Minns, faced internal blowback on the laws in an internal Labor meeting, with approximately 18 MPs – including members from the right – voicing concerns against the laws. However most of the caucus supported the legislation.
During the party’s caucus meeting this week, one member of the right faction questioned the broad scope of police powers and said the move was the most “draconian” law against protests in decades, according to sources. Labor MP Cameron Murphy also questioned the constitutional validity of the laws during the meeting.
Guardian Australia understands Anthony D’Adam moved an amendment to tighten the laws so that police could only execute the powers if the protest was directed towards a place of worship. However, the amendment was voted down.
The government had already flagged in December it was considering new laws to regulate protests outside places of worship after a protest outside Sydney’s Great Synagogue, but Labor sources say the legislation moves far beyond protecting people who are going to places of worship.
David Mejia-Canales, a lawyer at the Human Rights Law Centre, said: “It is virtually impossible to protest anywhere in the city of Sydney that is not near a place of worship.”
“The laws themselves are also so vague and so broad that it is really, really difficult to know for anyone who engages in peaceful protest, whether it’s directed at a religious institution or not, to know with great certainty if they are on the right side of the laws.”
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A former director of public prosecutions in the state, Nicholas Cowdery, has also accused the government of “legislative overreach” after the laws were introduced, saying it would enable law enforcement to act against people “who are not harming anyone else”.
“The criminal law should be there only to deal with actions that cause harm,” he said.
Cowdery also said he was concerned by the government’s lack of consultation, and disregard for the recommendation of a report it commissioned to not make speech that intentionally incites hatred a criminal rather than civil offence.
The hate speech laws, which are expected to be introduced next week, will focus on racial hatred, excluding hate speech that targets the LGBTQI+ community.
“Interest groups in society are entitled to advocate for advancement, support and protection, but parliament must constantly strike a balance between the special interests of lobbyists and those of the general public,” Cowdery said.
“Some hard-won rights must be protected [such as] the right to peaceful public protest in an open democracy.”