Protecting Peaceful Protest in a Democratic Society
How to progress this motion through your branch
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Download the motion and update the Word document to include your branch name where indicated.
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Send the motion to your Branch Secretary and request that it be included on the agenda for your next branch meeting, in line with branch notice requirements.
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Prepare brief speaking points ahead of the meeting. Keep them short and focused on why the balance on protest and policing matters and why this motion is reasonable and necessary.
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Talk to members in advance if you can. A quick conversation before the meeting can help build understanding and support.
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Let us know once the motion is passed by emailing us, so we can track endorsements and ensure it is submitted correctly for inclusion on the State Conference agenda.
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Preamble
On Monday the 9th of February, NSW witnessed disturbing scenes at a public protest. Video footage widely shared across social media shows protestors exercising their democratic right to assemble being met with forceful police intervention, including officers charging into crowds, the use of physical violence, and the disruption of prayer and non-violent protest activity.
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These images have caused significant concern across the community. Australians expect policing at public assemblies to prioritise safety, restraint, and de-escalation. While police must respond appropriately where genuine violence or threats to safety occur, the actions witnessed, including the use of force against many peaceful protestors and the interruption of prayer, do not align with community expectations or Australian values.
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Recent developments internationally underscore why this issue matters. In the United States, the expansion of aggressive law enforcement practices, including the actions of agencies such as ICE, has coincided with the erosion of civil liberties, the politicisation of policing, and the routine use of force against protestors and communities. These trends have rightly alarmed democratic societies around the world.
Australia must remain vigilant against the emergence of similar patterns. While our systems and institutions are different, we must reject the normalisation of force and violence of any kind at protests.
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The right to peaceful protest is a cornerstone of representative democracy. It allows communities to express dissent, advocate for change, and participate meaningfully in public life. For this reason, protest policing carries a heightened responsibility to protect civil liberties and minimise the use of force.
People have the right to peacefully protest issues of deep moral and political concern, including opposition to the ongoing genocide in Gaza, and to do so without fear of violence or intimidation.
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Over recent years, changes to the legislative and regulatory framework governing public assembly have expanded police discretion and reduced the emphasis on facilitation. At the same time, there has been a noticeable shift in protest policing culture towards containment, enforcement, and deterrence, rather than cooperation and de-escalation.
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Restrictive protest laws introduced by the former Liberal/National Government have been continued and expanded under the Minns Labor Government. Although purported to promote safety, they have not delivered that outcome and have instead created conditions where tension and violence at protests are more likely to occur.
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Legislative settings play an important role in shaping policing behaviour. Laws that restrict protest, expand discretion, or prioritise disruption over democratic participation risk creating an environment in which aggressive policing is more likely to occur. When the emphasis shifts away from facilitation and towards deterrence the situation escalates out of control.
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While isolated incidents of misconduct by protestors can occur, these do not justify the use of force against peaceful assemblies as a whole. The vast majority of protestors act lawfully, non-violently, and in good faith. Policing practices must reflect this reality.
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Taken together, these events indicate that the current balance between the right to protest and the exercise of police power is not being struck appropriately.
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Repeated instances of aggressive protest policing risk normalising violence at public demonstrations, eroding public trust in law enforcement, and discouraging lawful civic participation. This is not in the interests of community safety, police, or democracy.
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Labor has a proud history of defending civil liberties and democratic participation. As a party founded by and for working people, peaceful protest and collective action have always been central to how change is won and protected in Australia.
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Trade unions have been a cornerstone of peaceful protest in this country. From safer workplaces and fair pay to universal superannuation, Medicare, and paid leave, many of the rights Australians now take for granted were secured through organised, peaceful union action. As a unionist party, Labor has a responsibility to ensure that protest laws and policing practices support, rather than undermine, this democratic tradition.
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Labor, the Trade Union movement and the NSW Socialist Left have a proud history of standing up for civil liberties, democratic rights, and the ability of people to organise peacefully for change. We must ensure that protest is policed in a way that is proportionate, restrained, and consistent with community expectations.
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See motions below:
Motion 1:
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The following platform amendment is to be submitted to the upcoming NSW Labor Conference:
Amend section 2.140 under Protection of Human Rights and Civil Liberties from:
NSW Labor supports the right of peaceful assembly to exist subject to preventing any unreasonable interference with the activities of the wider community.
To:
NSW Labor supports the right of peaceful assembly and protest, recognising that these rights are fundamental to a healthy democracy and must be facilitated wherever possible. Any limitations must be proportionate, evidence-based, and focused solely on genuine risks to public safety.
Add:
NSW Labor commits to conducting an immediate and independent review of police conduct at public protests, including police culture, training, and operational practices. The review will be publicly released within 12 months, with clear recommendations to ensure protest policing prioritises facilitation, de-escalation, and the protection of civil liberties.
Add:
NSW Labor commits to repealing laws that unnecessarily restrict the right to peaceful protest and public assembly. These laws will be replaced with a clear and balanced legislative framework that affirms the right to peaceful protest, prioritises facilitation and de-escalation, protects public safety, and provides certainty for protestors, police, and the wider community.
Motion 2:
The following general resolution is to be submitted to the upcoming NSW Labor Annual Conference.
That the NSW Labor Government:
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Repeal protest-related legislative provisions that unnecessarily restrict peaceful assembly or expand police powers beyond what is required to protect public safety.
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Specifically repeal the Roads and Crimes Legislation Amendment Act 2022 and the Crimes Amendment (Places of Worship) Act 2025.
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Replace these laws with a clear legislative framework that:
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affirms the right to peaceful protest
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prioritises facilitation and de-escalation
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limits police intervention to genuine and demonstrable threats to safety
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provides certainty for protestors, police, and the wider community
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Ensure that existing general public order and criminal laws continue to apply and that public safety is maintained.
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Commit to transparency and accountability in relation to the use of police powers and force at public protests.
[THIS BRANCH] will forward this motion to the Premier, the Attorney General, the Minister for Police and the Minister for Roads.