Overview
- A coalition of Jewish, Palestinian and Indigenous activists asked the court to invalidate laws letting the police commissioner restrict all public assemblies by area after a suspected terror act, with ministerial sign-off.
- The PARD regime permits declarations for up to 14 days, extendable to 90 days with ministerial concurrence, and it was used across the Sydney CBD and eastern suburbs during President Isaac Herzog’s visit.
- Judges noted the scheme offers no way to distinguish between types of protests and raised concerns that a broad notion of community safety could justify halting all assemblies to protect social cohesion.
- The government defended the powers and argued the case is moot because restrictions were eased on February 17, while the activists’ counsel said the regime is over-broad and burdens the implied freedom of political communication.
- Activists warned the powers could be reimposed after overseas attacks, which the government said would be limited to events that trigger a domestic investigation, and the court will hand down its decision later.