The #NewSouthWales #government's struck-down #ProtestLaws may have put taxpayers on the hook for #damages, as legal experts review the implications of yesterday's court outcome.
On Thursday afternoon the government was dealt a blow by the highest court in the state when it ruled that #expandedPolicepowers to #restrict #protests were #unconstitutional.
The controversial Public Assembly Restriction Declaration (PARD) laws were passed in the aftermath of the Bondi terrorist attack on Christmas Eve during an emergency sitting of parliament, allowing the police commissioner to restrict protests throughout parts of Greater Sydney until they ultimately lapsed on February 17.
Yesterday the Court of Appeal found the laws "impermissibly burdened" the implied right to #freedom of political communication under #Australia's #constitution.
The ruling has left Redfern Legal Centre reviewing its cases to determine whether #CivilDamages can be sought for its clients from #NSWPolice.
"We will be looking at the law to see what we would advise to those who participated in the protest and reviewing options to see if there is grounds for recourse," principal assistant Samantha Lee said.
"Lawyers will now be looking at that possibility."
During the nearly two months when public assemblies were restricted a #MajorEventsDeclaration was announced, which is a separate instrument not covered by the court's ruling.
"There are a few layers to this ongoing scenario, but certainly peeling off this layer [PARD] will make it a possibility of some civil action against possibly police," Ms Lee said.
The court's ruling creates an opportunity for people who were #charged with a #CriminalOffence during an #assembly that "could have been #lawful" to have the #ChargesWithdrawn, she said.
The ruling leaves the government exposed, but not vulnerable to a civil action, University of NSW law professor Luke McNamara said.
"What it will do is encourage closer #scrutiny of individual incidents that might provide the basis for civil damages in individual circumstances," he said.
"That's going to be case by case."
The government can seek an appeal before the #HighCourtOfAustralia, but Professor McNamara described the Court of Appeal's ruling as robust.
"The [Court of Appeal] applied a pretty familiar conventional three-part test that has been endorsed by the High Court of Australia," he said.
"It would be a brave government, I think, to take on this matter on appeal."
News of the court ruling was met with praise from pro-democracy groups.
The NSW Council for #CivilLiberties said the ruling was a repudiation of "draconian" laws. It claimed police "knowingly wielded unconstitutional powers to harass and silence citizens protesting peacefully".
"While the courts have been able to protect our freedoms today, we have seen many examples in the past where the structure of our democracy, and an elected parliament at its core, prevents them from doing so," president Timothy Roberts said.
The #HumanRightsLawCentre legal director Sarah Schwartz said "NSW Police should drop all charges against people who peacefully protested on 6 February who were subject to police harassment and violence".
The #AustralianDemocracyNetwork said a review was needed on how protests are policed and regulated in the state.
"Protest is a fundamental democratic right," campaigner Anastasia Radievska said.
"Any restriction must be justified and proportionate, and these laws went too far."
The government and the opposition independently described the court's ruling as disappointing.
The government is considering the court's decision.
"The NSW government absolutely stands by the decision to introduce this legislation," Premier Chris Minns said.
"We believe it was necessary and important for Sydney at the time."
Shadow Attorney-General Damien Tudehope blamed the government for rushing the legislation through.
"The NSW Liberals and Nationals consistently warned Labor against rushing through complex legislation before it could be thoroughly examined," he said.
"[Yesterday's] decision is a consequence of that rushed approach."
#auspol #Minns #NSWpol
https://www.abc.net.au/news/2026-04-17/nsw-protest-laws-damages-charges-withdrawn-legal-experts/106573150
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