This
paper updates a
2015 paper by the NSW Parliamentary Research Service. It examines the right to protest in NSW and the central role of the Summary Offences Act 1988, which encourages co-operation between protesters and police. That Act can also result in courts issuing ‘authorisation’ and ‘prohibition’ orders, and the effects of those orders are discussed.
The paper then considers the offences and police powers that apply to protests in NSW, including offences introduced in the Roads and Crimes Legislation Amendment Act 2022. One of the offences introduced by the 2022 Act was found to be partly invalid in Kvelde v State of New South Wales, because it infringed the implied freedom of political communication under the Australian Constitution.
The paper also discusses protest law in other states and territories, including recent legislation affecting protests.
