Religious worship powers under spotlight after arrest of former Greens candidate
In NSW, police are not allowed to issue move on directions for genuine protests unless they decide it presents a 'serious risk' to a person's safety, is obstructing traffic or, after the changes introduced by the Minns government this year, is taking place near a place of worship.
The document states police attended the protest on Friday morning after receiving 'intelligence' via Instagram that a group called Weapons Out of The West would hold an 'unauthorised' protest at the Belmore business.
At 5.50am, a person was seen walking past the business and 'communicating via a group chat'.
After confirming they were attending a demonstration, police said the person was issued a move-on direction on the basis the 'unauthorised' demonstration would 'cause fear and alarm'. The group, the fact sheet said, had 'a history of violent disruptions outside of the SEC Plating business'.
They were initially arrested, but then released after indicating they would comply with the direction.
However, the police fact sheet then says the person 'walked across the road to the opposite side of SEC Plating which is a place of worship'. At that point, officers approached the protester and again 'informed her to comply with the move on direction'.
'Due to the accused being given repeated warnings and opportunities to comply with the direction, she was cautioned and placed under arrest for failing to comply with a move on direction,' it stated.
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The reference to a place of worship has sparked serious concern among civil liberty groups and legal experts, who have repeatedly warned the laws are overly broad.
In February, Premier Chris Minns pushed through new laws banning protests near places of worship following the so-called Dural caravan incident. The laws faced pushback from members of the Labor caucus at the time, MPs arguing the wording of the bill would allow police to break up protests even if a demonstration was unrelated to the religious institution.
The caravan, along with a spate of other antisemitic attacks, was revealed to be a 'con job' carried out by organised crime figures rather than racially motivated hate crimes or terror plots.
NSW Police deny the anti-protest laws were used in the arrest and said the protesters were given a move-on order for allegedly blocking pedestrian access to the business, which had been the target of protests previously.
Greens MP Sue Higginson, who has written to Police Minister Yasmin Catley demanding Thomas's injury as a critical incident investigation, said she was 'shocked but unsurprised'.
'It's written there in black and white. A direct reference to the anti-protest laws rushed through the NSW Parliament under the sordid non-disclosure of the truth around the Dural caravan incident,' she said.
'I along with others in parliament warned the premier and his government that we would see this level of impunity and now here it is.'
Last week the NSW Supreme Court heard a challenge against the laws mounted by the head of the Palestine Action Group, Josh Lees. Lawyers for Lees have argued the laws are unconstitutional.
Speaking at an event in Sydney on Sunday, Premier Chris Minns said it was too early to comment on whether the arrest was an appropriate use of his government's anti-protesting laws.
'I'd wait for that information to come in,' he said, adding police were investigating the extent of Thomas' injuries.
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