NSW Supreme Court strikes down anti-protest law after Bondi terror attack
Consensus Summary
The NSW Supreme Court struck down controversial anti-protest laws on April 16, 2026, after three activist groups challenged their constitutionality. The laws, enacted in December 2025 following the Bondi Beach terror attack that killed 15 people, restricted public assemblies in Sydneyâs CBD and eastern suburbs for nearly two months. Police Commissioner Mal Lanyon extended the restrictions multiple times, keeping them in place during protests against Israeli President Isaac Herzogâs February visit. The court ruled the laws impermissibly burdened freedom of political communication, marking the second time in six months such legislation was struck down. Premier Chris Minns defended the laws as necessary for public safety, while activists celebrated the ruling as a victory for democratic rights, with Joshua Lees of the Palestine Action Group calling for Minnsâs resignation. Hyde Park was exempted from restrictions to allow protests, including for Australia Day.
â Verified by 2+ sources
Key details reported by multiple sources:
- The NSW Supreme Court struck down the Public Assembly Restriction Declaration (PARD) law on 2026-04-16, finding it unconstitutional for impermissibly burdening freedom of political communication.
- The law was enacted after the Bondi Beach terror attack, which killed 15 people.
- The law restricted protests in parts of Sydneyâs CBD and eastern suburbs, including during the anti-Israeli President Isaac Herzog rally in February 2026.
- Three activist groupsâPalestine Action Group (PAG), Blak Caucus, and Jews Against the Occupation â48âchallenged the law, with Joshua Lees (PAG) and Elizabeth Jarrett (Blak Caucus) as plaintiffs.
- The restrictions were in place for up to 14 days at a time, extended multiple times, and only lapsed on 2026-02-17.
- Police Commissioner Mal Lanyon extended the restrictions several times over the summer, ending them after Herzog left Australia.
- The law was passed on Christmas Eve 2025 during an emergency parliamentary session.
- Hyde Park was carved out of the restrictions to allow protests, including for Invasion Day (Australia Day).
- The court ruled the law was a 'confined rolling back' of legal protections but found it disproportionate to the implied constitutional right to freedom of communication.
Points of Difference
Details reported by only one source:
- The law was challenged by three groups: Blak Caucus, Palestine Action Group, and Jews Against the Occupation â48.
- David Hume SC argued the laws were counterproductive and worsened social cohesion, while Brendan Lim SC defended them as a 'confined rolling back' of protections.
- Paul Silva, a Blak Caucus member, was prevented from organizing a march against Indigenous deaths in custody from Hyde Park before the carve-out.
- This is the second time in six months an anti-protest law by the Minns government was struck down by a court.
- Josh Lees previously successfully challenged a law allowing police to move on protesters near places of worship in October 2025.
- Chief Justice Andrew Bell explicitly ruled the laws 'impermissibly burdened' the implied right to freedom of political communication.
- Premier Chris Minns urged parliament to pass the laws on Christmas Eve in the wake of the Bondi attack, calling it necessary for Sydneyâs safety.
- Protests outside Surry Hills Police Station after the Herzog rally became a flashpoint under the restrictions.
- ASIO assessed 'heightened community tensions' over the Middle East conflict led to 'some incidents of violence connected to protest activity'.
- Josh Lees called for Minns to resign, accusing him of waging a 'war on democracy' in NSW.
Contradictions
Conflicting information between sources:
- The Guardian states the law was in place during a protest against Israeli President Isaac Herzog in February, while the ABC does not specify the exact month but confirms tensions flared during his visit.
- The Guardian mentions the law was used to stop Paul Silva from organizing a march before Hyde Park was carved out, but the ABC does not reference this specific incident.
Source Articles
Palestine Action Group celebrates after NSW supreme court strikes down anti-protest law â video
Palestine Action Group (PAG) celebrates a 'resounding win' after the NSW supreme court found the Public Assembly Restriction Declaration (Pard) law constitutionally invalid. Enacted after the Bondi terror attack, the law effectively meant protesters could not march without risk of arrest. PAG was one of three groups that challenged the legislation, which was in place during a protest against the Israeli president, Isaac Herzog, in February NSW's highest court strikes down anti-protest law intro
NSWâs highest court strikes down anti-protest law introduced in wake of Bondi beach terror attack
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