Court rules “places of worship” police powers unconstitutional in humiliating defeat for Labor Premier Chris Minns
The Supreme Court has struck down Labor Premier Chris Minns’ Places of Worship police powers, ruling that they violated our constitutional right to freedom of political communication.
The Court sided with Joshua Lees and the Palestine Action Group against the State of NSW to strike down the powers that allowed police to issue move on orders to people engaged in lawful protest ‘near’ a place of worship. The powers were passed earlier in 2025, after NSW Police inflated instances of alleged antisemitism and the Premier misled the public by describing the Dural Caravan hoax as an act of terror.
Greens MP and Justice Spokesperson Sue Higginson said, “Today the Supreme Court has come down decisively on the side of protest, democracy and freedom of political expression in NSW. Labor Premier Chris Minns was warned that these police powers were rushed, wrong and likely unconstitutional. This decision today is the consequence of his failure to listen”
“Labor Premier Chris Minns rammed these powers through the Parliament to give police more draconian powers, using false pretences and inflated statistics, and now they have been struck down. The Court has made clear that the Premier of NSW was wrong to punish people exercising their right to protest,”
“This is a clear message to the Minns Labor Government that they are not above the law. People are watching genocide in Palestine, they are witnessing climate collapse, and the act of protest is legitimate, lawful, and protected under our constitution.The NSW Police must protect protest, not be used to silence it,”
“The sinister creep of these powers have already had a terrible impact. When police unlawfully busted up a protest against a weapons manufacturer in Belmore and punched Hannah Thomas in the face, they made reference to these laws in their fact sheet by mentioning that the protest was ‘near’ a place of worship,”
“When hundreds of thousands of people defied the Premier to march peacefully across the Sydney Harbour Bridge, these laws were referenced in the Courts by the Police because there happened to be churches in the CBD of Sydney,”
“It is very clear these laws and powers have emboldened Chris Minns in his attempts to suppress peaceful protests. It is a relief to see these laws struck down today,”
“Anti-protest laws have now been struck down by the Supreme Court a number of times across a number of governments, both Labor and Liberal. Governments do not have the power to stop the people from protesting, and Labor Premier Chris Minns needs to learn that lesson,”
“The solution for the Government now is clear - the entire suite of anti-protest laws in NSW should be repealed as illegitimate attempts to diminish our democracy,”
“I hope this is a wake-up call for the Premier - instead of trying to block and demonize peaceful protestors at every turn, his government should be working to facilitate peaceful protests and other functions of democracy in New South Wales,” Ms Higginson said.