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With more restrictive laws across the country, how can we protect the right to protest?

35 55
20.02.2026

Recent state laws passed in the name of public safety are expanding police powers and narrowing the right to protest, with uneven safeguards for human rights across Australia.

In the wake of the Bondi terror attack, multiple state governments have passed laws to restrict mass protests. Most notably, the New South Wales government introduced controversial legislation giving police the power to restrict public protests for up to 90 days after a terrorist incident.

This unprecedented restriction was tested when thousands took to the streets to  protest against the visit of Israeli President Isaac Herzog.

The protest was followed by widespread  allegations of police brutality. These are currently  being investigated by the state’s police watchdog.

The organisers of the protest are also challenging the constitutional validity of the laws in the NSW Court of Appeal.

This latest round of law reform follows  long-running concerns about whether the right to protest in Australia is under threat. Two years ago, the Human Rights Law Centre found “ protest is in peril”. Little has changed since.

So, what do these state laws do, and how might they affect people’s democratic right to protest? How can lawmakers strike the right balance between human rights and the protection of public safety?

The right to protest  has been restricted in many of Australia’s states and territories over recent years through increased fines and sentences for........

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