No explicit ban on protests outside places of worship likely for WA

Western Australia is unlikely to introduce explicit bans on protests outside places of worship, despite calls from senior Jewish legal figures amid rising antisemitism. The proposal, discussed at the Royal Commission on Antisemitism and Social Cohesion, mirrors buffer zones already in place around abortion clinics.

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I believe that certain restrictions on protest and political speech need to be imposed to restore a tolerant and civil society that safeguards human dignity and preserves our democratic system.

Jewish leaders argue that protests near places of worship can intimidate worshippers. However, legal experts caution that a blanket ban might be unconstitutional and could create further complications if not implemented carefully. WA Attorney General Tony Buti stated his priority is preventing harm and intimidation, enhancing police powers to ensure public safety.

This includes a bill before the state's upper house, prompted by the Bondi terror attack and an alleged attempted attack on Perth's Invasion Day rally. This legislation aims to grant police the authority to refuse permits for protests that promote animosity or harassment based on religion, race, or gender identity. However, it does not specifically address places of worship.

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To have people too fearful to attend their place of worship, or to have four-year-olds make their way into pre-school past guards armed with machine guns, as has happened to Jews in this country in the last two-and-a-half years, is in my view an affront to human dignity and an appalling indictment of our society.

Former Commonwealth attorney general Mark Dreyfus and WA Supreme Court Justice Marcus Solomon have urged for broader laws to protect Jewish Australians. Solomon, also an Orthodox Jewish rabbi, believes restrictions on protest and political speech are necessary for a tolerant society. He cited instances of people fearing to attend places of worship and children needing armed guards as an affront to human dignity. The Vice President of the Jewish Community Council of WA, Steve Lieblich, expressed disappointment that a specific ban around places of worship was not being pursued, though he noted it was not a high priority for his community.

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It will give police power to refuse a permit for a protest, including outside places of worship, that promote animosity or harassment of people because of their religion.