With Survival Day approaching, many people are wondering how recent restrictions on public assemblies may affect protests in NSW. Here's a quick guide from the Aboriginal Legal Service NSW/ACT (ALS).
Am I allowed to protest in NSW?
Yes. You have a right to peaceful public assembly in NSW, even in areas where temporary restrictions apply.
The recently introduced restrictions do not ban protests. Instead, they stop police from authorising public assemblies in certain locations (see areas in red on this map).
This removes some of the legal protections that would otherwise apply at an authorised public assembly. For example, if an unauthorised assembly obstructs traffic, police can issue move-on directions. Failure to comply can lead to fines, arrest or criminal charges.
Will the Invasion Day rally in Sydney go ahead on 26 January?
Yes. Although restrictions haven't been fully lifted, they have been removed from the planned protest area on Gadigal land in the southern part of Sydney CBD and Hyde Park. This means the rally and march from Hyde Park will proceed as an authorised public assembly. Peaceful attendees following organiser directions and staying on the approved route cannot be moved on or charged for obstructing traffic.
Restrictions still apply in other parts of Sydney, including the Eastern Suburbs and parts of the CBD. In those areas, protestors risk fines or charges for obstructing traffic but can still participate in stationary protests that don't involve marching anywhere.
How can I stay safe at Survival Day protests?
In short:
Know your rights
Stay calm and cooperate if police interact with you. If you think there is a problem, you can always make a complaint later.
If arrested, tell police if you're Aboriginal or Torres Strait Islander - they must contact the ALS.
Do I have to give police my details?
Police can require your name and address in certain situations, including if:
- They want to give you a move-on direction and don't know who you are
- They suspect you've been involved in a crime
- They intend to issue an on-the-spot fine
- You're under 18 and they suspect you're carrying alcohol
- If you're legally required to give your identification details and refuse, you may be committing an offence.
Can police search me?
Police in NSW can search you without a warrant only if they reasonably suspect you are carrying: Stolen goods; illegal drugs; something used (or to be used) to commit a serious crime; knives, weapons or dangerous items; or a laser pointer.
They can also search you if you give consent to being searched.
If searched, stay calm and do not resist. You can state, "I do not agree to being searched," but you should cooperate. You can make a complaint later. Police must tell you their name, station and the reason for the search.
Can police search my phone?
Police cannot force you to unlock your phone or provide a passcode without a warrant.
Can I film police?
Yes. You may film police in public as long as you don't interfere with their duties and you keep a safe distance.
Do I have to answer police questions?
No. Other than giving your name and address when required by law, you don't have to answer questions. You can say, "I don't want to discuss anything further," and wait until you can access legal advice. If you're under 18, an adult support person must be present before police can ask you questions.
What are my rights if I'm under arrest?
If arrested, police must tell you why and use no more force than necessary.
You have the right to silence - you don't have to do an interview, give a statement or answer questions.
If you are an Aboriginal or Torres Strait Islander person and taken into police custody, police are legally required to contact the ALS. Our lawyer will check on your wellbeing and give you legal advice over the phone.
Survival Day Protest Hotline
The ALS will run a dedicated hotline on Monday 26 January, offering on-the-spot legal advice for Aboriginal and Torres Strait Islander people in NSW and the ACT.
Protest Hotline: (02) 9213 4199
Available: 10am-2pm, Monday 26 January
Outside these hours, call the main ALS hotline for legal help: 1800 765 767
Lauren Stefanou is a Principal Solicitor at the Aboriginal Legal Service (NSW/ACT) Limited. This article is for general information only and does not constitute legal advice.
