NSW highest court strikes down anti-protest law introduced after Bondi terror attack

New South Wales' highest court has ruled that an anti-protest law enacted after the Bondi Beach terror attack is unconstitutional.

The law had granted police powers to restrict public marches in designated areas for up to three months following terrorist incidents.

The Court of Appeal found that the legislation impermissibly burdened the implied constitutional right to freedom of political communication.

The ruling came after three activist groups-the Blak Caucus, the Palestine Action Group, and Jews Against the Occupation '48-challenged the law in early January.

The law, known as the public assembly restriction declaration (PARD), was used to limit protests in parts of Sydney's central business district during the visit of Israeli President Isaac Herzog in February.

The restrictions were extended multiple times by Police Commissioner Mal Lanyon and remained in place until Herzog's departure.

This decision marks the second time in six months that an anti-protest law passed by the Minns government has been struck down by the courts.

The ruling represents a significant setback for the government, which had introduced the legislation in the wake of the December 2025 Bondi Beach terror attack that resulted in 15 fatalities.

The law effectively prevented protesters from using the standard form 1 system to organise marches in designated areas, exposing them to the risk of arrest.

Police also used the legislation to stop a planned march against Indigenous deaths in custody organised by Paul Silva, a member of the Blak Caucus and one of the plaintiffs.

Following the prevention of Silva's march, police amended the restricted area to exclude Hyde Park ahead of a planned Invasion Day march.

The restrictions also applied during the anti-Herzog rally, which saw clashes between protesters and police and prompted a police watchdog investigation into alleged misconduct.

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