We have taken a stand against the NSW Government’s latest attempt to stifle public protest. On behalf of our client, Joshua Lees, an activist with the Palestine Action Group (PAG), we have launched a constitutional challenge against the Crimes Amendment (Places of Worship) Bill 2025 to protect the right to protest.
This law, rushed through by the Minns Government in February 2025, grants police new powers to move on protestors gathered near places of worship. We argue that this measure is an unjustified intrusion on the implied constitutional freedom of political communication.
Legal Challenge: Defending the Right to Protest
The Supreme Court of NSW has been asked to declare the new law invalid, as it places an excessive burden on the fundamental right to peaceful protest. Principal Solicitor Peter O’Brien highlighted the broader implications of this legislation:
“Religious institutions quite often have links to power – and so they are quite often
legitimately the target of protest. Who commonly protests outside churches and other places
of worship? The marginalised, victims of abuse, those whose voices have been silenced,
and whose injustices can take generations to be properly acknowledged.Peaceful protest in public occupies a precious status in our society. Iconic protest sites in
Sydney at Town Hall and Hyde Park are right next to places of worship. An effective ban on
protests outside all religious institutions or facilities used for those purposes is absolutely
unprecedented. It is extreme. This legal action is about protecting the rights of individuals
against disproportionate state power.”
This legal action is about protecting individuals from disproportionate state power and ensuring that peaceful protest remains a fundamental right in Australia.
Media Coverage and Public Interest
The significance of this challenge has been recognised by The Echo, which reported on our firm’s legal action against the NSW Government’s anti-protest law. The article highlights the broader implications of this case, not only for activists but for anyone concerned with the erosion of civil liberties.
With the law set to take effect on 2 June 2025, we are seeking an expedited hearing to prevent its enforcement. If allowed to stand, this legislation could set a dangerous precedent, restricting protests in locations of political and social significance, such as Sydney’s Town Hall and Hyde Park.
Need a Civil Lawyer? Protect the Right to Protest
We urge civil rights organisations, legal experts, and concerned citizens to stand with us in opposing this unjust law. The outcome of this case could have lasting implications for protest rights across Australia.
For media inquiries or further information, contact O’Brien Criminal & Civil Solicitors at (02) 9261 4281 or email
