Street protests and the law in NSW

This page contains general information and does not constitute legal advice. Last updated 22 March 2026.

Are street protests legal in NSW?

Street protests are not unlawful in NSW and you do not need police permission to hold one. However, you may be subject to certain offences while participating — for example, obstructing a road. Notifying police through a Form 1 can mean participants are protected from these offences. When a Protest Authorisation Restriction Declaration is in place, police cannot approve Form 1s.

The right of public assembly is recognised by NSW courts; peaceful assembly has been described as ‘integral to a democratic system of government and way of life.’ Even so, you can be subject to offences in certain circumstances:

• If the assembly is unauthorised and obstructs traffic or pedestrians (max penalty $400).
• If the assembly is near a place of worship — intentionally blocking, impeding, hindering, harassing, intimidating or threatening someone accessing or leaving it (max penalty 2 years imprisonment and/or $22,000). This doesn’t apply if the protest is industrial action, is outside Parliament House or an MP’s office, or has consent from the person in charge of the place of worship.
• Obstructing a major bridge, tunnel, road, or major infrastructure facility (max penalty 2 years imprisonment and/or $22,000) — including causing pedestrians to detour, blocking a lane for any length of time, or stepping onto a road during an authorised footpath protest. This applies on State Roads only. Major infrastructure facilities are prescribed by regulation and may change — see s214A Crimes Act.

What does it mean for a protest to be an ‘authorised assembly’?

Submit a Form 1 to NSW Police. If police don’t oppose it, the protest is an authorised assembly.

• Lodged more than 7 days before the protest: police must go to court to oppose it, and must first invite the organiser to negotiate.
• Lodged less than 7 days before: police can oppose without going to court, but the organiser can then go to court. Police can’t oppose solely because it was lodged late.

Police weigh: free speech vs privacy/convenience of others, the public’s right to be spared unnecessary offence, public order and enforcement considerations, and safety of participants, road users and the public.

Is it illegal to protest without authorisation?

Not automatically unlawful, but you lose the protections of an authorised assembly and may be charged with obstruction or participating in an unlawful assembly. The Supreme Court has suggested it might make it unlawful for the organiser specifically to participate, though this isn’t settled. Unauthorised protests have gone ahead before with no arrests.

What am I protected from if my protest is authorised?

Only offences ‘substantially in accordance’ with the Form 1 details:

• Obstructing traffic
• Participating in an unlawful assembly
• Possibly obstructing a major road/infrastructure entrance under s144G Roads Act / s214A Crimes Act (untested in court)

You’re not protected from other offences (e.g. violence, property damage) or civil action.

Can police still give a ‘move along’ direction?

Police cannot issue a move-along direction to a genuine protest, procession or organised assembly unless they reasonably believe it’s necessary for safety — this applies even without a Form 1. If the protest is unauthorised and obstructing traffic, police can move on those specifically obstructing.

Near a place of worship, police can only move someone on if no Form 1 was submitted (or it was rejected), or the protest isn’t matching the Form 1 conditions and the person is obstructing, harassing or causing fear — none of which applies to industrial action, protests outside Parliament House/an MP office, or protests with the venue’s consent.

What is an ‘unlawful assembly’?

5+ people whose common goal is to compel someone to do something they’re not legally bound to do (or stop them doing something they’re entitled to do) through intimidation or injury. Guilty verdict: up to $550 fine and/or 6 months imprisonment. It’s a distinct offence from participating in an unauthorised protest.

Related resources: Preparing for possible arrest · Police powers and home visits · Post-arrest support and bustcards