A Protest Sentencing bill has been introduced in the NSW Parliament that, if passed, would prohibit courts from imposing a custodial sentence for any non-violent act committed in the course of a demonstration, protest, procession, or assembly. Introduced in the Legislative Assembly in 2025 and progressing through parliament, its passage is not yet certain. However, the debate it has prompted reflects the intense ongoing tension between protest rights and law enforcement in NSW.
The LECC Investigation And The PARD Decision
The bill arrives in the context of two significant 2026 developments in NSW protest law.
First, the Law Enforcement Conduct Commission (LECC) is investigating the NSW Police operation at Sydney Town Hall on 9 February 2026. This includes incidents of alleged misconduct by NSW Police officers against people attending the protest. The LECC has publicly confirmed it is examining allegations of excessive use of force and unlawful arrest at that demonstration.
Second, the NSW Court of Appeal struck down amendments to the Public Assembly Restriction Declaration (PARD) framework that had allowed the NSW Police Commissioner to restrict protest marches.
O’Brien Solicitors covered that decision in detail, read our earlier article on the NSW Court of Appeal PARD ruling.
Together, the LECC investigation and the PARD litigation have placed the legality of NSW Police conduct at protests, and the adequacy of legal protections for protesters, front and centre in 2026.
What Is The Protest Sentencing Bill?
A bill to amend the Crimes (Sentencing Procedure) Act 1999 was introduced in the NSW Legislative Assembly in 2025 and is progressing through the parliamentary process. The amendment would provide that a custodial sentence must not be imposed in relation to a non-violent act committed in the course of a demonstration, protest, procession, or assembly.
If passed, the bill would not prevent conviction or the imposition of fines or non-custodial orders. It would remove prison as a sentencing option for non-violent protest conduct, regardless of what offence the conduct technically constitutes.
This is not about whether protest-related conduct is unlawful. It is about whether prison is a proportionate sentencing response to non-violent conduct motivated by conscience.
The bill’s current status should be confirmed from NSW Parliament records before relying on it for any specific legal matter.
Why Is A Protest Sentencing Update Needed?
The case for this reform draws on years of criticism from civil liberties organisations, the NSW Council for Civil Liberties, and legal scholars. NSW courts have imposed prison sentences on protesters convicted of offences arising from climate, pro-Palestinian, and other demonstrations. In many cases, these have been first-time offenders convicted of relatively minor charges: blocking a road, chaining themselves to infrastructure, or failing to comply with a move-on direction.
Critics argue that custodial sentences in these circumstances are disproportionate and inconsistent with Australia’s obligations under international human rights law regarding freedom of assembly and freedom of expression. The Greens have been the primary parliamentary advocates for the reform, their position is that people engaged in genuine non-violent civil disobedience should not face incarceration, regardless of what statutory offence their conduct technically triggers.
Your Rights If Arrested At A Protest In NSW
Regardless of what happens with this bill, NSW law already provides protesters with rights that are often not exercised because people do not know about them:
(1) The right to silence. You do not have to answer police questions beyond providing your name and address if asked under a valid demand. Exercising your right to silence is not obstruction.
(2) The right to refuse a search in most circumstances. Police need reasonable grounds to search you. Wanding (metal detector scanning) requires specific authorisation, you can ask under what power any search or scan is being conducted.
(3) The right to legal representation. If arrested, you can request to speak to a lawyer before participating in any police interview or formal process.
(4) The right to be charged or released. You cannot be held indefinitely without being charged.
(5) The right to a bail application. If charged, you are entitled to have a court consider your release on bail.
O’Brien Solicitors has specific experience in protest arrest matters, AVL court appearances, and civil claims against police for misconduct arising from protests. If you have been arrested at a protest or are concerned about police conduct toward you, contact us immediately.
What Happens Next With The Protest Sentencing Bill?
The bill must proceed through second reading, possible committee referral, and a vote in the NSW upper house. Given the current crossbench composition of the Legislative Council, passage is not guaranteed. However, the political context, the LECC investigation, the PARD litigation, and sustained public attention on the treatment of non-violent protesters, gives the proposal genuine momentum.
O’Brien Solicitors will continue to monitor and report on the bill’s progress. If it passes in its proposed form, it will represent a significant shift in the sentencing framework for protest-related offences in NSW.
Seeking Specialist Legal Advice On Protest Sentencing?
Whether you have been charged, are under investigation, or believe you may have a civil claim arising from the matters discussed in this article, O’Brien Criminal & Civil Solicitors offers a free initial consultation. Our team regularly appears in Australian media as expert commentators on criminal, civil, and defamation law, and we bring that expertise to every client matter.
Phone: 02 9261 4281 or email: for a consultation.
