The NSW Government has introduced new anti-protest laws that particularly apply around places of worship. The RMB Lawyers Criminal Division explains what to do if you are affected by the changes.
Australians have the right to freedom of assembly and association. This protects the right of individuals and groups to meet and to engage in peaceful protest; and the right to freedom of association, which protects the right to form and join associations to pursue common goals.
This right is contained in articles 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR) and article 8(1)(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
On 20 February 2025, the NSW Parliament passed the Crimes Amendment (Places of Worship) Bill 2025. It expanded the NSW anti-protest laws that criminalise protests near places of worship. This legislation amends the Crimes Act 1900 to introduce a new offence applying to persons who:
- Without reasonable excuse, intentionally block, impede, or hinder a person from accessing or leaving, or attempting to leave, a place of worship.
- Harass, intimidate, or threaten a person accessing or leaving, or attempting to access or leave, a place of worship.
The maximum penalty for breaching this law is a $22,000 fine and/or two years imprisonment.
The legislation also expands the powers of the police to to arrest or move-on people outside places of worship. Parliament House and any Member of Parliament’s office are excluded from this legislation. Protests associated with industrial action or which have been approved by police are also exempted.
The proposed changes apply only to conduct that involves intentionally impeding people from accessing or leaving a place of worship or harassing or intimidating such people. If you have been charged with an offence under this legislation, you may have a defence if you can show that that you did not do any of these things.
If you have found yourself charged with an offence under this new legislation, RMB Lawyers can assist you. We provide our clients with expert advice on:
- The strength of the charge against them.
- The most likely outcome in their matter.
- How to get the best result with the Court.
Contact our office by phone on Freecall 1800 681 211 for a consultation, or use our 'Ask a Question' tool on our website.