A NSW Labor MP has slammed a two-month court delay in hearing a legal challenge to the state’s protest restrictions, calling the laws “draconian” and legally unresolved.
NSW Labor MLC Stephen Lawrence has criticised the courts for delaying a constitutional challenge to New South Wales’ protest restriction laws until late February.
Lawrence, who is also a barrister, said the case was initially agreed to be heard on 16 January but was later pushed back after consultation with the chief justice.
He said the delay meant people affected by the laws had been denied timely access to a ruling on their legality.
The protest restrictions allow police to limit assemblies in 14-day blocks for up to 90 days following a terrorist incident.
The powers were rushed through parliament last year after the Bondi beach terror attack under the Minns government.
The restrictions were extended for a fourth time this week ahead of protests planned during the visit of Israeli president Isaac Herzog.
Lawrence questioned whether repeatedly extending the powers made the community safer, warning it could instead create flashpoints.
The legal challenge was lodged in early January by Blak Caucus, Palestine Action Group, and Jews Against the Occupation ’48.
The groups argue the laws breach the implied constitutional freedom of political communication.
UN special rapporteur Ben Saul has applied to join the case as a friend of the court, arguing the restrictions may violate international obligations protecting peaceful assembly.
