NSW police drop charges against Sydney protestors due to unconstitutional protest laws
Consensus Summary
The NSW Court of Appeal struck down the Public Assembly Restriction Declaration (PARD) law in April 2026, ruling it unconstitutional after it was used to restrict a February protest against Israeli President Isaac Herzogās visit to Sydney. Police Commissioner Mal Lanyon announced on May 13, 2026, that charges laid under the PARD law would be dropped pending review, affecting at least 14 of the 30 protesters charged. The law was introduced following the December 2025 Bondi Beach terror attack, which killed 15 and injured over 40. Protesters and legal groups argue the police operation was unlawful, with some calling for all charges to be withdrawn. Meanwhile, the validity of a separate 'major events declaration' used during Herzogās visit is now under legal challenge by the Palestine Action Group. The ruling has broader implications for protest laws in NSW, with legal experts noting it could limit future attempts to restrict speech or protests under the guise of 'social cohesion'.
ā Verified by 2+ sources
Key details reported by multiple sources:
- NSW Police Commissioner Mal Lanyon announced on ABC Radio (May 13, 2026) that charges laid under the Public Assembly Restriction Declaration (PARD) law will be dropped pending review.
- The NSW Court of Appeal ruled the PARD law unconstitutional on April 2026, finding it unlawfully extended police powers to restrict public gatherings for 90 days after the Bondi Beach terror attack.
- The February 2026 protest at Sydney Town Hall was against the visit of Israeli President Isaac Herzog to Australia.
- Police blocked a planned march during the protest, leading to multiple arrests and charges for alleged breaches of police directions, assaulting police, offensive behavior, and throwing objects.
- The Bondi Beach terror attack in December 2025 killed 15 people and injured over 40 during a Hanukkah celebration.
- A separate 'major events declaration' was in force during Herzogās visit, typically used for large-scale sporting or entertainment events, and is now under legal scrutiny by the Palestine Action Group.
- 30 protesters were charged in total, with 14 having their cases adjourned on May 13, 2026, to allow for the review of PARD-related charges.
Points of Difference
Details reported by only one source:
- Greens MP and solicitor Sue Higginson stated that the police operation was built around unlawful restrictions with no legal force and called for all charges to be dropped.
- The Human Rights Law Centre called for charges to be dropped and for the state to overhaul its protest laws after the ruling found the restrictions unlawfully burdened political communication.
- Premier Chris Minns previously argued that charges could still stand under the separate major events declaration.
- The Palestine Action Group indicated it may challenge the validity of the major events declaration framework as well.
- Lawyer Osman Samin, representing five protesters, told the court that the collapse of the PARD law 'might have consequences for a number of these prosecutions'.
- Nick Hanna, representing four protesters, said attempts to 'untangle' who was charged under the PARD were an 'artificial exercise' and that the police crackdown was due to the refusal to facilitate the march.
- The court of appeal ruling found that restricting all protests to protect social cohesion was not a 'constitutionally legitimate purpose'.
Contradictions
Conflicting information between sources:
- Newscomau states that 29 additional protesters were charged after the rally, while the Guardian states 30 protesters were charged in total.
- Newscomau mentions that charges for 'alleged breaches of police instructions' may fall within the scope of the invalidated PARD framework, while the Guardian does not explicitly mention this detail.
Source Articles
Sydney protest arrests face legal collapse
A court has delivered a bombshell ruling after multiple protesters demonstrating against the visit of the Israeli president were arrested.
NSW police to drop charges against Isaac Herzog protesters laid using unlawful public assembly restrictions
Lawyers calling for all charges to be withdrawn after Sydney town hall rally against Israeli president Follow our Australia news live blog for latest updates Get our breaking news email , free app or daily news podcast Charges laid under a now defunct law against people who attended a Sydney protest against Isaac Herzog will be dropped, police have confirmed, but it remains unclear how many of the 30 protesters charged the decision affects. The New South Wales police commissioner, Mal Lanyon, sa