First Nations activists have announced a constitutional challenge to New South Wales Premier Chris Minns' anti-protest laws, supported by a broad coalition of community justice groups opposing the restrictions.
The case, brought by a coalition including the Palestine Action Group, Blak Caucus, and Jews Against the Occupation '48, challenges the Terrorism and Other Legislation Amendment Act 2025, introduced after last December's Bondi attack.
The group described the now-lapsed Public Assembly Restriction Declaration (PARD) as "undemocratic" and suppressing freedom of speech, arguing the legislation should be declared invalid for infringing on the constitutional implied freedom to speak on political matters.
They cited the actions of NSW Premier Chris Minns and police on Monday, 9 February, when Israeli President Isaac Herzog's visit to Australia was met with thousands of protestors at Sydney Town Hall. Attendees allege the police response involved excessive force, with reports of police brutality and the use of kettling tactics to contain crowds.
"Chris Minns says police needed to attack us last Monday night because there was a risk that our crowd would threaten people listening to my song in the Darling Harbour Convention Centre," said proud Gumbaynggirr, Dhungutti, and Bundjalung woman and lead litigant Elizabeth Jarrett.
Ms Jarrett rejected the Premier's claims police acted to prevent violence, calling them "straight-out lies".
"We say enough brutality, enough intimidation, enough pretending that policing equals justice. Minns must resign. His anti-protest laws need to be ripped up. His attempts to ban pro-Palestine slogans and terrorise our movement need to end."
In light of February 9, the group is also seeking broader amendments to the Major Events Act (2009) - which they believe contributed to mass police violence during the protest. Under the Act, police are given more powers to control protestors, while limiting liability for anyone harmed by police while implementing those powers.
"As a sovereign Dhungutti man, I have refused to accept the Minns' government's attempt to silence our voices. The Public Assembly Restriction Declaration (PARD) was first altered to facilitate our march on Invasion Day after we pledged to defy any laws that stopped us marching," said Dhungutti activist and case litigant, Paul Silva.
"Our communities are constantly subjected to brutalisation by police. But we will not be intimidated and will continue to campaign in the courts and on the streets to remove all restrictions on our rights to demonstrate and speak freely."
Greens MP Sue Higginson also urged immediate government action to address the fallout from the now-lapsed laws.
"It's time for the government to fix the harm that it has done," she said.
"That's why I'm calling for the Government to guarantee that any civil compensation arising from police violence at the Town Hall assembly will not be avoided through the Major Events declaration that the Premier made on a Saturday.
"Most importantly, this Labor Government should rein in Premier Minns, remind him who he is serving, and start dismantling the draconian anti-protest laws that he has foisted on our democracy."
Ms Higginson's call for action was echoed by Timothy Roberts, President of the New South Wales Council for Civil Liberties.
"This regressive police first, crime-focused approach to some very complex problems in our society is woefully inadequate and must be stopped," he said.
"But stopping and repealing to the status quo is not enough. This is a dark time. The leadership of the community requires positive steps towards human rights and protecting civil liberties. In this country, in this state, at this time, we call on the government to take that action."
He also critiqued Premier Minns and NSW police minister Yasmin Catley's actions.
"The Premier's legacy is corrupted, and there is not much he can do to change that. Much of what he does now, before this next election, will be fouled by the circumstances on Monday and his contributions to it," Mr Roberts said.
"The Police Minister is not calling for accountability; instead of remembering that she was our minister, she has unequivocally lost her perspective on what her role is in our community, and her leadership is, frankly, dangerous. So we call on both of them to resign in these circumstances."
An official hearing before the NSW Supreme Court is set for February 26.