Lawyers explore damages claims over controversial NSW protest laws

The New South Wales government has suffered a significant legal setback as its controversial protest laws have been declared unconstitutional by the state's Court of Appeal. These laws, rushed through parliament in the wake of the Bondi terrorist attack, granted the police commissioner broad powers to restrict public assemblies across Greater Sydney. The court found that these powers "impermissibly burdened" the implied constitutional right to freedom of political communication. This ruling is a victory for civil liberties advocates, with the NSW Council for Civil Liberties hailing it as a repudiation of "draconian" laws that allowed police to "knowingly wielded unconstitutional powers to harass and silence citizens protesting peacefully." Legal experts, including those at the Redfern Legal Centre, are now reviewing cases to determine if civil damages can be sought against NSW Police. While the government could theoretically appeal to the High Court, legal scholars suggest the Court of Appeal's decision is robust, making such an appeal a risky endeavor. This decision highlights the critical role of the judiciary in safeguarding democratic rights against overreach by the executive.

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We will be looking at the law to see what we would advise to those who participated in the protest and reviewing options to see if there is grounds for recourse.