Invasion Day rallies planned for January 26 may still proceed in New South Wales, even if police extend a declaration that restricts the authorisation of protests.

Following the alleged Bondi terrorist attack last month, the NSW Government introduced what it described as "extraordinary changes", allowing police to impose public assembly restrictions within 14 days of a terrorism incident for up to three months.

While the measures don't ban demonstrations outright, they prevent protests from being authorised under the state's Form 1 system which provides legal protection for organisers and participants during public protests for offences such as obstructing traffic.

Last week, Police Commissioner Mal Lanyon approved a further 14-day extension of the declaration and did not rule out extending it beyond January 26, despite emphasising the decision was "not about stopping free speech".

On Thursday, Assistant Commissioner Peter McKenna said Commissioner Lanyon was likely to decide whether to extend the declaration for another 14 days before the current restrictions expire on Tuesday.

The prospect of an extension has raised concern among Aboriginal groups about the impact on annual January 26 rallies, which are among the largest peaceful protests in the country and have been observed as a day of protest and solidarity for First Peoples since the 1938 Day of Mourning.

"The right to protest is a cornerstone of a functioning democracy. Aboriginal deaths in custody and the incarceration of Aboriginal people are at record highs, both in NSW and nationally," Aboriginal Legal Service NSW/ACT Principal Legal Officer, Nadine Miles, said in December.

"This is a time of crisis for the communities we serve. It is a time to come together and unite for change, not to risk silencing the voices of Aboriginal people."

Asked what an extension would mean for the rallies, Assistant Commissioner McKenna said NSW Police are "working with the organisers for various public assemblies on Australia Day".

"And we'll have different contingencies in place to work with them, regardless of whether there is a declaration," he said.

"I know it's not exactly the most clear-cut legislation, but we've worked with it."

On Sunday, a rally will be held in Sydney's Hyde Park to mark 10 years since the death in custody of 26-year-old Dunghutti man David Dungay Jr. The protest will also call for justice for Dungay Jr and an end to Indigenous deaths in custody, which reached record levels in 2025.

Last week, Commissioner Lanyon noted the rally was the only Form 1 application rendered invalid by the declaration extension. Despite this, Dunghutti activist and Blak Caucus organiser Paul Silva said the rally would still proceed, arguing it's essential to continue the fight against injustice.

"The rally on January 18 is to mark 10 years since the death of David Dungay Jr, with no justice or accountability, but to also demand a corruption inquiry into coronial processes and the way that police would investigate Aboriginal deaths in custody," Mr Silva said earlier this week.

"For us as First Nations people, we've been standing up against this government system, and the people that fall under it for 238 years now. We must continue the resistance of our ancestors and of our elderly people today."

Asked about the impact the laws will have on January 26 rallies, Mr Silva added support behind the protests would continue regardless of restrictions.

"As one of the main organisers and a participant on the Black Caucus, we're not really concerned in relation to the laws being extended over January 26 because, at the end of the day, it's a protest that gains numbers every single year," he said.

"We would be expecting New South Wales Police and the government, even if they extend those laws, to actually relax them on the 26th of January for the marches, protests and day of mourning, because of its significance for First Nations people."

Additional reporting by Alexandra Giorgianni