Lawyers and civil liberties groups have urged the New South Wales Police Commissioner not to extend restrictions on public protests beyond Tuesday, warning of the impact on January 26 rallies.
As hundreds marched through central Sydney on Sunday to condemn record levels of Indigenous deaths in custody in 2025 and mark the 10th anniversary of the death in custody of Dunghutti man David Dungay Jr, civil society organisations — led by the Australian Democracy Network (ADN) — wrote to Police Commissioner Mal Lanyon expressing concern about a further extension of the ban on public assemblies.
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.
On January 6, Commissioner Lanyon approved a further 14-day extension of the declaration and did not rule out extending it beyond January 26, despite stressing the decision was "not about stopping free speech".
While the measures do not ban protests outright, they prevent demonstrations from being authorised under the state's Form 1 system, which provides legal protections for organisers and participants against offences such as obstructing traffic.
The potential extension has heightened concerns among Aboriginal groups about its impact on the 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.
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In their letter to Commissioner Lanyon — backed by the NSW Council for Civil Liberties, Inner City Legal Centre, Sydney Peace & Justice Coalition, Redfern Legal Centre, Australian Lawyers for Human Rights, Amnesty International, Fair Agenda and the Media Entertainment & Arts Alliance — the organisations warned further restrictions would undermine the January 26 rallies.
They argued Australia's obligations under international conventions, including the International Covenant on Civil and Political Rights, require any limits on protests to be "necessary and proportionate".
"An unspecified risk of violence, or the mere possibility that the authorities will not have the capacity to prevent or neutralise the violence emanating from those opposed to the assembly, is not enough," the letter says.
"The State must be able to show, based on a concrete risk assessment, that it would not be able to contain the situation, even if significant law enforcement capability were to be deployed."
Asked about a possible extension, Assistant Commissioner Peter McKenna said on Sunday that Commissioner Lanyon would likely make a decision on Tuesday.
"I can't pre-empt that," he said. "All I'll say is that we're very pragmatic and reasonable. We're already negotiating and speaking with organisers for Invasion Day. So whichever way that lands, we'll make sure that the community is kept safe."
He also suggested the urgency for restrictions had eased since last month.
"We've got an obligation to enforce the laws," Assistant Commissioner McKenna said. "They're only a temporary law, just remember that. There will be times when these laws no longer apply.
"It is about social cohesion and lowering community tensions and I think every day that goes forward, we're starting to see that get back to more of normality and that's a good thing."
Despite this, protesters vowed to "break the ban" if an extension is granted, with Mr Dungay's nephew, Mr Paul Silva, telling the crowd on Sunday NSW Police and the government were attempting to "silence movements" and "silence our freedom of speech".
"Whether that be Indigenous movements or whether that be any other movements, we have a right to congregate, to protest, to rally," he said.
"I'm not an advocate, that's what they titled me to be. I'm a grieving nephew who lost an uncle who won't give up fighting for the justice and accountability he deserves... I'm here to fight for my uncle, for everyone else that I've witnessed being taken by the system and being brutalised."
Additional reporting by Alexandra Giorgianni.
