Understanding Protests and Police Powers in NSW

A Special Counsel’s Insights

KEY TAKE OUTS:

• Protests are legal in NSW, but they are regulated by public order and criminal laws.

• Authorised public assemblies provide limited legal protections but do not excuse unlawful conduct.

• Major Event declarations grant police temporary expanded powers, including search and movement controls.

• Understanding the legal framework helps separate lawful protest rights from public safety enforcement.

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Recent public demonstrations in Sydney, which have been widely covered across media outlets, have raised important questions about the legality of protests, how they are regulated, and what powers police may exercise in certain circumstances. Many people are unsure why some protests proceed without issue while others attract stronger police responses or special restrictions.

This overview explains the legal framework governing protests in NSW and recent developments that have brought these issues into public discussion.

 

Protesting in NSW, is it Legal?

Yes. There is no general requirement to obtain a permit to protest in New South Wales. However, protests are still regulated by the ordinary criminal and public-order laws, including provisions around trespass, property damage, and conduct offences under the Crimes Act 1900 (NSW).

The safest and most recognised way to hold a protest is as an “authorised public assembly” under Part 4 of the Summary Offences Act 1988 (NSW).

This involves:

• The organiser giving written notice to the NSW Police Commissioner

• Setting out details such as the date, time, location, and route

• Providing at least 7 days’ notice

If notice is given late and police oppose the assembly, the organiser must apply to the Court for authorisation.

Authorisation offers limited protections, for example, it can shield participants from certain obstruction offences, but does not excuse violence, intimidation, property damage, trespass, or other unlawful conduct. Police may still issue move-on directions where necessary for safety or traffic management.

 

Why Some Events Become “Major Events”

Under the Major Events Act 2009 (NSW), the NSW Government can declare certain occasions as major events, which triggers additional police powers intended to manage large crowds, security risks, or potential disorder.

Recently, the government exercised this power in relation to the visit of the Israeli President following the Bondi attacks. The declaration was challenged in the Supreme Court but ultimately upheld.

 

What a Major Event Declaration Allows

Once an event is declared a Major Event, police may exercise enhanced temporary powers, including the ability to:

• Control movement within designated zones
• Conduct searches of people, bags, and vehicles without a warrant
• Seize items that may disrupt the event
• Issue exclusion orders
• Restrict or redirect protests, even if they would ordinarily be lawful
• Override normal protest-notification or approved-route arrangements

These powers are controversial because they limit civil liberties, but they operate within the framework of the legislation enacted by Parliament.

What Happened Next: A Balanced View

Following the recent major-event declaration in respect to the visit of the Israeli President, there have been criticisms directed at both police and protesters. Some argue police used unnecessary force; others argue protesters acted unlawfully, leaving police with no option but to intervene.

What happens next will involve:

• Reviewing available video and CCTV
• Considering eyewitness accounts
• Determining whether any further criminal charges should be laid
• Conducting internal police reviews and independent investigations

These processes take time and are designed to assess individual actions rather than applying broad judgments to either group.

 

Key Takeaway

The ability to protest remains a fundamental part of our democratic system. At the same time, protests operate within a legal framework that includes safeguards for public safety. The recent events reflect the ongoing tension between these principles, but the legal mechanisms, including authorised public assemblies and major-event declarations, are designed to balance these competing interests.

A clearer understanding of these laws helps ensure public debate is informed, accurate, and focused on the conduct that actually occurred rather than broad assumptions about either side.

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