Re: Kvelde v State of New South Wales [2023] NSWSC 1560
Today the Supreme Court of NSW has ruled that provisions of the anti-protest laws rushed through parliament in 2022 are unconstitutional.
In March 2022 the NSW government pushed these laws through parliament without consultation, and in only 72 hours from introducing the bill, dismissing strong dissension from grassroots groups, human rights organisations and unions. The Knitting Nanas launched a challenge to these laws with the support of the Environmental Defenders Office (EDO) in October last year.
Legal Observers NSW has loudly advocated for the repeal of these punitive laws designed to oppress protest.
This decision has declared that s214A(1)(c) and (d) of the Crimes Act are unconstitutional, leaving the other provisions of this section unchallenged. While it is no longer an offence to cause people to be redirected at a major facility, or for a major facility to be partially closed, other of the anti-protest laws remain in place.
It is still an offence under s214A for people to cause damage to a major facility, cause closure of a whole facility, or seriously disrupt or obstruct people attempting to use the facility. Protestors who were arrested at the Stop Zim Shipping rally at Port Botany in November are still facing these reactionary charges.
Section 144g of the Roads Act remains in place, making it an offence to cause damage, disruption or obstruction to Sydney Harbour bridge or other major bridges, tunnels and roads. This means people participating in street marches still face potential charges carrying 2 years’ imprisonment if police decide a protest does not meet the requirements for protection under the Form 1 regime.
The effect of the government’s position on protest renders protest illegal but for the narrowest margin of state-sanctioned tactics. Legal Observers NSW acknowledges the absurdity of governments circumscribing the legitimacy of protest and resistance tactics. We congratulate the Knitting Nannas and the EDO for their work and we continue to call for the repeal of all anti-protest laws. We support the rights of protestors to resist state violence and oppression in whatever ways they deem legitimate.
Legal Observers NSW 