Letter to NSW Premier and Attorney General on proposed protest fines

13 November 2024

Dear Premier,

We the undersigned strongly oppose the introduction of the Crimes Amendment (Obstructing a Railway) Bill 2024 that would have a serious impact on union and community protest activity.

The proposed introduction of $22,000 fines for obstruction to a railway, and light rail or tram would put ordinary communities seeking to exercise their protest rights at risk if, for example, they briefly stop near the light rail at Sydney Town Hall or take industrial action that involves transport. Community groups including religious organisations, multicultural groups and nature groups who frequently protest near the light rail at Sydney Town Hall would be swept up by these laws.

The passage through Parliament of anti-protest laws under the previous Liberal government in less than 48 hours has led to a disproportionate use of police and court resources on protests. Members of Parliament and the community have not had an opportunity to consider the results of the legislative review of the anti-protest laws introduced in 2022 that were due to be handed down on 1 October. Through the NSW government-initiated legislative review of the anti-protest law, many civil society and community groups voiced their concerns about the laws and called for their repeal. These new laws cannot be similarly rushed through without due consultation with the community. A healthy democracy requires that governments thoroughly consider the consequences of any proposed legal measure and consult with the community and concerned groups.

Every single adult and child in New South Wales has a human right to peaceful assembly that governments are bound by international law to uphold. The right to peaceful assembly protects the right of all individuals and groups to meet and to hold a peaceful protest. This is a fundamental right that extends to all gatherings for peaceful purposes, regardless of the degree of public support for the purpose of the gathering. The right to peaceful assembly can only be legally limited in ways that are necessary and proportionate.


Laws that have significant human rights impacts should not be rushed through the parliament. They require proper scrutiny with appropriate consideration of Australia’s international legal obligations and should involve a process of public consultation.

We call on you to pause on the introduction of the proposed laws and meet with civil society to discuss how to safely facilitate the community’s exercise of their democratic freedoms.


Signed,

NSW Nurses and Midwives' Association

Australian Services Union ACT/NSW Branch
Maritime Union of Australia Sydney Branch
Electrical Trades Union NSW/ACT Branch
Australasian Meat Industry Employees’ Union NSW/ACT Branch
NSW Council for Civil Liberties
Amnesty International Australia
Australian Lawyers for Human Rights
Community Legal Centres NSW
Human Rights Law Centre
Hunter Community Environment Centre
Justice and Equity Centre
Nature Conservation Council of NSW
Grata Fund
The Australia Institute

Australian Religious Response to Climate Change