Summary
The NSW Police Commissioner sought orders to prohibit the Palestine Action Group from conducting a "March for Humanity" across the Sydney Harbour Bridge in the days following the Bondi Beach attack of 14 December 2025. The Commissioner argued the protest posed unacceptable risks to public safety and order in the heightened security environment after the terrorist attack. Joshua Lees, representing the Palestine Action Group, opposed.
The Supreme Court rejected the application. The Palestine Action Group had demonstrated a consistent track record of peaceful, well-organized protests. The Court found the group had a "high level of commitment to and experience in prosocial protest" and that police concerns about public safety could be adequately addressed through standard protest management procedures rather than a complete prohibition.
Key Facts
The application was brought under provisions of NSW law that allow police to seek court orders prohibiting public assemblies where there are reasonable grounds to believe the assembly would pose serious risks to public safety or order. The Commissioner relied on the terrorist attack at Bondi Beach on 14 December 2025, which killed 15 people, and the charged emotional climate in Sydney following the attack.
Palestine Action Group had organized numerous protests since October 2023 following the Hamas attack on Israel and Israel's military response in Gaza. These protests had consistently proceeded peacefully, with protesters cooperating with police directions and organizers actively managing participant behavior. The group had experience coordinating large-scale demonstrations and had established protocols for liaising with police.
The Court heard evidence about the symbolic and political significance of the Sydney Harbour Bridge as a protest location. PAG argued that the bridge crossing was essential to the expressive purpose of the march, allowing participants to demonstrate solidarity with Palestinians and advocate for policy change in a highly visible public forum. Police argued the bridge presented unique security challenges and that alternative routes would be less disruptive.
The Court considered the timing of the protest in relation to the Bondi attack. While acknowledging heightened community tensions, the Court found no evidence that PAG protesters had engaged in or threatened violence, antisemitism, or disorder in their previous demonstrations. The Court distinguished between the ideology and methods of Palestinian solidarity activists and those of ISIS-affiliated terrorists, finding no reasonable basis to conflate the two groups or treat them as presenting similar risks.
Orders / Outcome
The Court dismissed the Commissioner's application and declined to prohibit the March for Humanity from proceeding across the Sydney Harbour Bridge. While police had legitimate concerns about traffic management and crowd control, these could be addressed through the normal process of negotiation between police and protest organizers rather than through a prohibition order.
The Court emphasized that the right to protest peacefully on matters of public concern is fundamental to Australia's democratic system. Courts should be cautious before restricting this right, particularly where the protest organizers had demonstrated a consistent commitment to peaceful assembly. The Court found police had not established grounds to believe the protest would pose serious risks that could not be managed through standard policing measures.
The decision allowed the March for Humanity to proceed as planned, though organizers remained subject to any reasonable directions from police regarding timing, route details, and crowd management on the day of the protest. No order as to costs.
Related Profiles
- Tukiterangi Lawrence — protest organizer (different context)