ARTICLE
24 March 2025

NSW's Latest Anti-Protest Law: A Threat to Democracy?

OC
O'Brien Criminal & Civil Solicitors

Contributor

O’Brien Criminal and Civil Solicitors defend people against criminal charges anywhere in Australia, as well as litigating defamation cases, and suing police and other authorities for unlawful conduct. We are a strong advocate for social justice issues and pride ourselves on our pro-bono practice. We are a growing and dynamic law firm that occasionally has vacancies for people seeking legal careers or administrative opportunities.
Crimes Amendment (Places of Worship) Bill 2025 has sparked fierce debate about civil liberties and democracy.
Australia Criminal Law

The NSW Government's new anti-protest law, the Crimes Amendment (Places of Worship) Bill 2025, has sparked fierce debate about civil liberties and democracy. This controversial law gives police expanded "move-on" powers, allowing them to shut down protests near places of worship. Critics argue that it's an unprecedented attack on free speech, with far-reaching consequences for activists, civil rights groups, and everyday Australians.

Anti-Protest Law: A Law That Silences Dissent?

At its core, this legislation raises serious constitutional concerns. The implied freedom of political communication, a fundamental principle in Australia, ensures that people can freely discuss and protest government policies. However, legal experts warn that these new restrictions could effectively silence dissent under the guise of maintaining public order.

According to Principal Solicitor Peter O'Brien, who is leading a Supreme Court challenge against the law:

"Religious institutions quite often have links to power, and so they are quite often
legitimately the target of protest. Who commonly protests outside churches and other places
of worship? The marginalised, victims of abuse, those whose voices have been silenced,
and whose injustices can take generations to be properly acknowledged.

Peaceful protest in public occupies a precious status in our society. Iconic protest sites in
Sydney at Town Hall and Hyde Park are right next to places of worship. An effective ban on
protests outside all religious institutions or facilities used for those purposes is absolutely unprecedented.

It is extreme. This legal action is about protecting the rights of individuals against disproportionate state power."

With places of worship often intertwined with political and social issues, banning protests near them could shut down vital conversations about justice, human rights, and government policies.

The Bigger Picture: What's at Stake?

This law isn't just about one group or one protest—it could have serious implications for all Australians who value their right to speak out. Here's why it matters:

? A Chilling Effect on Activism: If people fear fines or arrest for protesting, fewer will take to the streets, weakening public debate.
? A Dangerous Legal Precedent: Today, it's places of worship. Tomorrow, could protests be banned near Parliament or public buildings?
? Disproportionate Impact on Marginalised Communities: Many protests outside religious institutions come from survivors of abuse or those demanding accountability. Are their voices being silenced?

Fighting Back On Anti-Protest Law

O'Brien Criminal & Civil Solicitors are challenging this law in the NSW Supreme Court, arguing that it violates Australia's constitutional freedoms. The Palestine Action Group (PAG) and other activists are rallying behind the case, warning that this legislation could reshape the landscape of political activism in NSW.

The case is already drawing national attention, with major outlets like The Guardian and Jurist covering the challenge. Civil rights groups and legal experts are watching closely, knowing that the outcome could determine the future of protest rights in Australia.

What Can You Do?

This fight isn't just for lawyers and activists—it affects everyone who believes in the right to protest. Here's how you can get involved:

1601462a.jpg Stay Informed – Follow the case and understand your rights.
1601462a.jpg Speak Up – Contact your local MP, sign petitions, and join the conversation.
1601462a.jpg Support Civil Rights Groups – Organisations like the NSW Council for Civil Liberties are advocating for change—lend them your voice.

The ability to peacefully protest is a cornerstone of democracy. If this law stands, what's next?

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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