Latest news with #JoshLees
Yahoo
19 hours ago
- Politics
- Yahoo
Sweeping move-on police powers blasted by protesters
Controversial new laws grant police an unconstitutional level of power and could have a chilling effect on protests, critics have claimed in a court challenge. Josh Lees, on behalf of the Palestinian Action Group, has taken the NSW government to the NSW Supreme Court over the anti-protest laws implemented in February. The activist is challenging the constitutional validity of police powers to move people on during protests deemed to be near places of worship. His lawyers argue the laws allow police to direct protesters to desist, even in instances where there is no evidence a worshipper has been obstructed, harassed or is in fear. That meant the laws have stretched police powers beyond their legitimate constitutional bounds, the court was told. The lawyers claim neither police nor protesters can determine the reach of those powers or the definition of nearness to a place of worship to take into consideration. "Because of those vagaries, the upshot is that a person might just stay home," Craig Lenehan SC told the court. He took aim at the "legislative blunderbuss" which he said was "blasting away at an ill-defined mischief" and could have a chilling effect on protesting in NSW. The laws were discriminatory because they expressly targeted certain types of political speech in a way that inevitably favoured some viewpoints over others, Mr Lenehan contended. When deciding to move on protesters, police needed to make a subjective determination of whether someone feels obstructed or fearful near a place of worship. That could be extended beyond worshippers to the protection of passers-by and people unconnected to the holy place, Mr Lenehan said. "(It) is a very broad police power conferred by very ill-defined application," he said. "It has nothing to do with the exercise of religious freedom." NSW Solicitor General Michael Sexton SC will address the court about the validity of the new legislation on behalf of the state government on Thursday afternoon. The laws were introduced by the state Labor government after a spate of anti-Semitic attacks across the nation and amid concerns about rallies going past the Great Synagogue in the Sydney CBD. Before their passage, Attorney-General Michael Daley said stronger penalties and boosted police powers would ensure people could practise their faith in safety. "We believe these proposed reforms strike the right balance between protecting people of faith and the community's right to protest," he said. Premier Chris Minns underscored his determination to protect the Jewish community in his first speech to parliament in 2025. "We will not be a state where someone feels like they have to remove their yarmulke (skullcap) just to walk down the street, where people are made to hide their heritage because of the ignorance, the bigotry, the racism of other people," he said. Mr Lees said the challenge against the expanded police powers was urgent because they presented a threat to the right to protest in NSW.
The Advertiser
19 hours ago
- Politics
- The Advertiser
Sweeping move-on police powers blasted by protesters
Controversial new laws grant police an unconstitutional level of power and could have a chilling effect on protests, critics have claimed in a court challenge. Josh Lees, on behalf of the Palestinian Action Group, has taken the NSW government to the NSW Supreme Court over the anti-protest laws implemented in February. The activist is challenging the constitutional validity of police powers to move people on during protests deemed to be near places of worship. His lawyers argue the laws allow police to direct protesters to desist, even in instances where there is no evidence a worshipper has been obstructed, harassed or is in fear. That meant the laws have stretched police powers beyond their legitimate constitutional bounds, the court was told. The lawyers claim neither police nor protesters can determine the reach of those powers or the definition of nearness to a place of worship to take into consideration. "Because of those vagaries, the upshot is that a person might just stay home," Craig Lenehan SC told the court. He took aim at the "legislative blunderbuss" which he said was "blasting away at an ill-defined mischief" and could have a chilling effect on protesting in NSW. The laws were discriminatory because they expressly targeted certain types of political speech in a way that inevitably favoured some viewpoints over others, Mr Lenehan contended. When deciding to move on protesters, police needed to make a subjective determination of whether someone feels obstructed or fearful near a place of worship. That could be extended beyond worshippers to the protection of passers-by and people unconnected to the holy place, Mr Lenehan said. "(It) is a very broad police power conferred by very ill-defined application," he said. "It has nothing to do with the exercise of religious freedom." NSW Solicitor General Michael Sexton SC will address the court about the validity of the new legislation on behalf of the state government on Thursday afternoon. The laws were introduced by the state Labor government after a spate of anti-Semitic attacks across the nation and amid concerns about rallies going past the Great Synagogue in the Sydney CBD. Before their passage, Attorney-General Michael Daley said stronger penalties and boosted police powers would ensure people could practise their faith in safety. "We believe these proposed reforms strike the right balance between protecting people of faith and the community's right to protest," he said. Premier Chris Minns underscored his determination to protect the Jewish community in his first speech to parliament in 2025. "We will not be a state where someone feels like they have to remove their yarmulke (skullcap) just to walk down the street, where people are made to hide their heritage because of the ignorance, the bigotry, the racism of other people," he said. Mr Lees said the challenge against the expanded police powers was urgent because they presented a threat to the right to protest in NSW. Controversial new laws grant police an unconstitutional level of power and could have a chilling effect on protests, critics have claimed in a court challenge. Josh Lees, on behalf of the Palestinian Action Group, has taken the NSW government to the NSW Supreme Court over the anti-protest laws implemented in February. The activist is challenging the constitutional validity of police powers to move people on during protests deemed to be near places of worship. His lawyers argue the laws allow police to direct protesters to desist, even in instances where there is no evidence a worshipper has been obstructed, harassed or is in fear. That meant the laws have stretched police powers beyond their legitimate constitutional bounds, the court was told. The lawyers claim neither police nor protesters can determine the reach of those powers or the definition of nearness to a place of worship to take into consideration. "Because of those vagaries, the upshot is that a person might just stay home," Craig Lenehan SC told the court. He took aim at the "legislative blunderbuss" which he said was "blasting away at an ill-defined mischief" and could have a chilling effect on protesting in NSW. The laws were discriminatory because they expressly targeted certain types of political speech in a way that inevitably favoured some viewpoints over others, Mr Lenehan contended. When deciding to move on protesters, police needed to make a subjective determination of whether someone feels obstructed or fearful near a place of worship. That could be extended beyond worshippers to the protection of passers-by and people unconnected to the holy place, Mr Lenehan said. "(It) is a very broad police power conferred by very ill-defined application," he said. "It has nothing to do with the exercise of religious freedom." NSW Solicitor General Michael Sexton SC will address the court about the validity of the new legislation on behalf of the state government on Thursday afternoon. The laws were introduced by the state Labor government after a spate of anti-Semitic attacks across the nation and amid concerns about rallies going past the Great Synagogue in the Sydney CBD. Before their passage, Attorney-General Michael Daley said stronger penalties and boosted police powers would ensure people could practise their faith in safety. "We believe these proposed reforms strike the right balance between protecting people of faith and the community's right to protest," he said. Premier Chris Minns underscored his determination to protect the Jewish community in his first speech to parliament in 2025. "We will not be a state where someone feels like they have to remove their yarmulke (skullcap) just to walk down the street, where people are made to hide their heritage because of the ignorance, the bigotry, the racism of other people," he said. Mr Lees said the challenge against the expanded police powers was urgent because they presented a threat to the right to protest in NSW. Controversial new laws grant police an unconstitutional level of power and could have a chilling effect on protests, critics have claimed in a court challenge. Josh Lees, on behalf of the Palestinian Action Group, has taken the NSW government to the NSW Supreme Court over the anti-protest laws implemented in February. The activist is challenging the constitutional validity of police powers to move people on during protests deemed to be near places of worship. His lawyers argue the laws allow police to direct protesters to desist, even in instances where there is no evidence a worshipper has been obstructed, harassed or is in fear. That meant the laws have stretched police powers beyond their legitimate constitutional bounds, the court was told. The lawyers claim neither police nor protesters can determine the reach of those powers or the definition of nearness to a place of worship to take into consideration. "Because of those vagaries, the upshot is that a person might just stay home," Craig Lenehan SC told the court. He took aim at the "legislative blunderbuss" which he said was "blasting away at an ill-defined mischief" and could have a chilling effect on protesting in NSW. The laws were discriminatory because they expressly targeted certain types of political speech in a way that inevitably favoured some viewpoints over others, Mr Lenehan contended. When deciding to move on protesters, police needed to make a subjective determination of whether someone feels obstructed or fearful near a place of worship. That could be extended beyond worshippers to the protection of passers-by and people unconnected to the holy place, Mr Lenehan said. "(It) is a very broad police power conferred by very ill-defined application," he said. "It has nothing to do with the exercise of religious freedom." NSW Solicitor General Michael Sexton SC will address the court about the validity of the new legislation on behalf of the state government on Thursday afternoon. The laws were introduced by the state Labor government after a spate of anti-Semitic attacks across the nation and amid concerns about rallies going past the Great Synagogue in the Sydney CBD. Before their passage, Attorney-General Michael Daley said stronger penalties and boosted police powers would ensure people could practise their faith in safety. "We believe these proposed reforms strike the right balance between protecting people of faith and the community's right to protest," he said. Premier Chris Minns underscored his determination to protect the Jewish community in his first speech to parliament in 2025. "We will not be a state where someone feels like they have to remove their yarmulke (skullcap) just to walk down the street, where people are made to hide their heritage because of the ignorance, the bigotry, the racism of other people," he said. Mr Lees said the challenge against the expanded police powers was urgent because they presented a threat to the right to protest in NSW. Controversial new laws grant police an unconstitutional level of power and could have a chilling effect on protests, critics have claimed in a court challenge. Josh Lees, on behalf of the Palestinian Action Group, has taken the NSW government to the NSW Supreme Court over the anti-protest laws implemented in February. The activist is challenging the constitutional validity of police powers to move people on during protests deemed to be near places of worship. His lawyers argue the laws allow police to direct protesters to desist, even in instances where there is no evidence a worshipper has been obstructed, harassed or is in fear. That meant the laws have stretched police powers beyond their legitimate constitutional bounds, the court was told. The lawyers claim neither police nor protesters can determine the reach of those powers or the definition of nearness to a place of worship to take into consideration. "Because of those vagaries, the upshot is that a person might just stay home," Craig Lenehan SC told the court. He took aim at the "legislative blunderbuss" which he said was "blasting away at an ill-defined mischief" and could have a chilling effect on protesting in NSW. The laws were discriminatory because they expressly targeted certain types of political speech in a way that inevitably favoured some viewpoints over others, Mr Lenehan contended. When deciding to move on protesters, police needed to make a subjective determination of whether someone feels obstructed or fearful near a place of worship. That could be extended beyond worshippers to the protection of passers-by and people unconnected to the holy place, Mr Lenehan said. "(It) is a very broad police power conferred by very ill-defined application," he said. "It has nothing to do with the exercise of religious freedom." NSW Solicitor General Michael Sexton SC will address the court about the validity of the new legislation on behalf of the state government on Thursday afternoon. The laws were introduced by the state Labor government after a spate of anti-Semitic attacks across the nation and amid concerns about rallies going past the Great Synagogue in the Sydney CBD. Before their passage, Attorney-General Michael Daley said stronger penalties and boosted police powers would ensure people could practise their faith in safety. "We believe these proposed reforms strike the right balance between protecting people of faith and the community's right to protest," he said. Premier Chris Minns underscored his determination to protect the Jewish community in his first speech to parliament in 2025. "We will not be a state where someone feels like they have to remove their yarmulke (skullcap) just to walk down the street, where people are made to hide their heritage because of the ignorance, the bigotry, the racism of other people," he said. Mr Lees said the challenge against the expanded police powers was urgent because they presented a threat to the right to protest in NSW.
The Guardian
20 hours ago
- Politics
- The Guardian
NSW Labor's anti-protest laws protecting places of worship have ‘chilling effect' on democracy, court told
Anti-protest legislation introduced by the New South Wales government in a bid to curb antisemitism is so 'vague' that protesters won't know if they've broken the law, a court has been told during a constitutional challenge. A barrister for the Palestine Action Group made the argument before the NSW supreme court on Thursday when challenging the Minns Labor government's controversial laws giving police broad powers to restrict protests. The laws make it an offence to hinder someone from entering or leaving a place of worship and restrict protests near places of worship. The laws were part of a suite of reforms passed in February after a wave of antisemitic attacks over the summer, which included a caravan being found laden with explosives on the outskirts of Sydney. Two weeks after the legislation was passed, the Australian federal police revealed the caravan and antisemitic attacks were a 'con job' by organised crime to divert police resources and influence prosecutions. Josh Lees filed the challenge on behalf of the Palestine Action Group in the wake of the revelations. The group argues the law is invalid because it 'impermissibly burdens the implied [commonwealth] constitutional freedom of communication on government or political matters'. Craig Lenehan SC, acting for the plaintiff, told the court on Thursday that the 'vagueness' of the legislation's wording meant it had a 'chilling effect' – because neither protesters nor police officers could determine the reach of the powers. 'People who would wish to make these communications are placed in an insidious position where they are potentially exposed to prosecution in a highly indeterminate way,' Lenehan told the court. The law does not apply to protests that have been approved by police via a form 1 application – which can take several days to process. Where protests haven't been approved, the court was told the laws expanded police powers to issue a move-on order for 'obstruction' that is 'in or near' places of worship. The court heard other laws governing protests recognised that, by their very nature and size, rallies could obstruct people and, therefore, move-on powers were restricted to when an obstruction caused a safety risk. 'Here … the Act refers to obstructing,' Felicity Graham, another lawyer for the plaintiff, told the court. Sign up to Morning Mail Our Australian morning briefing breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion The court was told that the police would also have discretion over what 'in or near' meant, given it was not defined in the legislation. That could expand police powers at a number of major protest sites in Sydney, including Town Hall and Hyde Park. 'There's a stark contrast between the word 'near' and the terms 'occurring at or outside',' said Graham. 'Near is a broad and elastic term.' Graham said the defendant was arguing that police powers only extended to 'circumstances where a worshiper is so affected by obstruction, harassment, intimidation or fear'. But she told the court that this 'should be rejected as it doesn't emerge from the text, context or purpose of the legislation'. Graham told the court that the 'catalyst' for the laws – a protest outside Sydney's Great Synagogue in December 2024 – 'was not a religious event'. '[It] was a political event being held at the Synagogue, a Technion event … at which an Israel Defense Forces member was speaking,' she told the court. Graham referred to comments made by one of NSW Labor's own MPs, Stephen Lawrence, during a debate over the bill in parliament, where he said the synagogue protest being the catalyst showed the 'clear intention of the bill' was not what the government claimed. The hearing continues.
