The NSW Government will move to restrict the authorisation of public assemblies in designated areas following a terrorist incident, to protect the community, prevent intimidation and allow police to focus on keeping people safe.
The reforms follow the terrorist attack at Bondi Beach last week, which claimed the lives of 15 innocent people, and build on the powers already activated under NSW's counter-terrorism laws.
When a terrorist incident is formally declared under the Terrorism (Police Powers) Act 2002, the Police Commissioner or Deputy Police Commissioner, with the agreement of the Minister for Police, will be able to declare specific areas where public assemblies are restricted for a limited period (a Public Assembly Restriction Declaration).
These powers are designed to ensure that members of the community are not intimidated or fear for their safety, and to minimise risks to community safety, in the immediate aftermath of an attack.
A declaration may be made in specified areas where police determine public gatherings may be likely to cause a reasonable person to fear harassment, intimidation or violence or put community safety at risk, including the safety of those attending a gathering.
Once a declaration is made:
- No public assemblies in the designated area will be able to be authorised, including by a court.
- Police will have access to existing powers to move people on where their behaviour or presence causes harassment or intimidation or obstructs traffic.
A strong signal will be sent to the community that assembling in public spaces in a designated area is unsafe and discouraged.
These measures are targeted. A declaration will last for 14 days and can be extended by further periods of 14 days, for up to three months.
Importantly, the powers are not designed to stop quiet reflection, prayer or peaceful gatherings that are not likely to cause fear or safety concerns. The restrictions and powers also do not apply to industrial action and associated assemblies.
Police move-on powers will only apply where behaviour causes harassment or intimidation or obstructs traffic.
Building on strong action against hate
The new measures sit alongside a suite of laws already passed by the NSW Government to confront rising hate and antisemitism, including:
- A tough new offence for inciting racial hatred;
- New protections for places of worship, including strong penalties and increased powers for police; and
- Laws banning the public display of Nazi symbols on or near synagogues, Jewish schools or the Sydney Jewish Museum.
- The Government will continue working with police, community leaders and legal experts to ensure the reforms are effective, lawful and focused on keeping people safe.
Premier of New South Wales Chris Minns said:
"This was a targeted terrorist attack that has shaken our state and devastated the Jewish community. The scale of harm demands a response that is decisive, sustained and unequivocal.
"Our first responsibility as a government is to protect people.
"There is a time for debate and protest in a democracy - but there is also a time for calm, care and unity. After an act of terror, public safety must come first.
"These reforms are about protecting people at a time of real vulnerability. They are about ensuring grief is respected, fear is not weaponised, and police can focus on keeping communities safe.
"These powers are proportionate. They are not about suppressing views - they are about preventing intimidation, escalation and violence."
Attorney General Michael Daley said:
"We are protecting social cohesion by limiting public assemblies which risk inflaming community tensions following a terrorist attack.
"There are clear risks associated with large gatherings after the awful events at Bondi, and we do not want police resources unnecessarily diverted from the investigation to manage public assemblies.
"This is a targeted, time-limited measure which will give NSW Police the tools they need to ensure the safety and wellbeing of the community."
