NSWPF statement regarding upcoming protest action

Tuesday, 01 October 2024 08:09:18 PM

The NSW Police Force is aware of upcoming planned protest activity in Sydney on Sunday 6 October 2024 and Monday 7 October 2024.

Officers from Operation Shelter have conducted negotiations with protest organisers, who did submit a Form 1 for each proposed public assembly, but are not satisfied that the protest can proceed safely.

Accordingly, the Commissioner has decided to apply to the NSW Supreme Court to prohibit the two assemblies.

The NSW Police Force recognises and supports the rights of individuals and groups to exercise their rights of free speech and peaceful assembly; however, the first priority for the NSW Police Force is the safety of the participants and the wider community.

BACKGROUND ONLY:

The NSW Police Commissioner has no specific power to stop a public assembly, and police will always respond appropriately to any gathering of people to ensure public safety.

The Summary Offences Act 1988 provides the legislative framework for the management of public assemblies. Under the framework a public assembly is either ‘authorised’ or ‘unauthorised’.

An assembly will be authorised if the organiser serves notice (Form 1) on the Commissioner at least seven days before the assembly and the Commissioner has advised the organiser that it does not oppose the assembly, and the court has not prohibited the assembly. If the notice has been served at least seven days before the public assembly, the Commissioner is the party that applies to the court for an order prohibiting the assembly.

If notice (Form 1) is served on the Commissioner less than seven days before the assembly, it will be unauthorised unless the Commissioner does not oppose the assembly, or the assembly is authorised by the court on application of the organiser.

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