The recent neo-Nazi rally outside the New South Wales Parliament has sparked significant controversy and prompted calls for stricter protest laws. Last week, 60 members of a neo-Nazi group gathered at the gates of the parliament, leading to public outrage and questions about police oversight. Premier Chris Minns responded by suggesting that police may need enhanced powers to combat hate and racism in Sydney.

During his first press conference, Minns stated, "It's likely the case that we need to give the police more legislated powers to stop this kind of naked hatred and racism on Sydney's streets." Following the rally, he confirmed plans to reintroduce controversial police powers that had recently been invalidated by the NSW Supreme Court. This move is part of a broader trend of successive NSW governments tightening protest laws in response to various incidents.

Legal experts and civil rights advocates are concerned that these changes threaten the fundamental right to dissent. ASIO director-general Mike Burgess had previously warned about the neo-Nazi group, citing their "hateful, divisive rhetoric and increasingly violent propaganda." Despite these warnings, the rally was authorized by police, who later claimed they were unaware of it due to a communication breakdown.

In August, the government made inciting racial hatred a criminal offense, following the expansion of section 93ZA of the Crimes Act. This legislation was fast-tracked after a hoax involving explosives earlier this year. However, police did not apply the new hate speech laws during the neo-Nazi rally, stating they were reviewing whether any offenses occurred. Legal advice indicated that blocking the rally might not have been successful in court.

Timothy Roberts, president of the NSW Council of Civil Liberties, criticized the police response, saying, "They completely waved it through, so not only do I believe that they could have challenged it, they were aware of the illegality of the protest. Why did neo-Nazis get special treatment here?"

According to David Mejia-Canales, a senior lawyer at the Human Rights Law Centre, NSW has some of the most restrictive anti-protest laws in Australia. Over the past decade, governments have expanded police powers and increased penalties for protests. For instance, the Baird government introduced move-on powers near mining sites in 2016, while the Perrottet government made it illegal to block major roads in 2022. This year, the Minns government created move-on powers for protests near places of worship, which were later deemed unconstitutional by the Supreme Court.

Roberts expressed concern that the proposed amendments would further infringe on civil liberties, stating, "You don't solve the Nazi problem with laws that erode our civil liberties. You don't get us closer to social cohesion by arresting people."

NSW Attorney-General Michael Daley defended the government's actions, asserting that they are committed to reintroducing strong laws to protect the community. He stated, "The amendments in the bill balance community protections with the freedom of political expression." Minns also mentioned plans to include Nazi behavior and speech in hate speech laws to eliminate ambiguity.

While the specifics of the new laws are still unclear, police maintain that move-on powers are necessary for maintaining order. Luke McNamara, a law professor at UNSW, noted that these powers often grant broad discretion with minimal oversight, disproportionately affecting marginalized groups.

Debate continues over the adequacy of current protest laws. Shadow Attorney-General Alister Henskens argued that the Minns government should provide more guidance on the authorisation process for protests, emphasizing the need for tools to promote social harmony.

Professor McNamara criticized the incremental changes to protest laws, stating they undermine the original intent of the Form 1 system, which was designed to facilitate the right to protest. He argued that these changes have been made under pressure and are not conducive to sound lawmaking.

The impact of these laws on protesters is becoming increasingly evident. Former Greens candidate Hannah Thomas shared her experience of being injured during a pro-Palestinian protest, where she was allegedly punched by an officer. Although charges against her were dropped, she expressed concern about the police's understanding of their powers, stating, "I think they were generally indifferent to the limitations of their powers."

As the debate over protest laws continues, the balance between public safety and the right to dissent remains a contentious issue in New South Wales.