The New South Wales Supreme Court on September聽1 began聽to hear a challenge聽that aims to overturn聽NSW Police fines against protesters during the COVID-19 pandemic in 2020.
Human rights lawyers argue that the聽fines, issued under the聽COVID-19聽Public Health Orders,聽breach the Constitution鈥檚 implied right of freedom of聽political communication.
The court will hear two test cases, while up to 40 cases remain on hold in lower courts until the higher court makes a decision.
The fines relate to protests in 2020 against Black deaths in custody,聽defending聽LGBTIQ rights聽and higher education.
Paddy Gibson from the Jumbunna Institute for Indigenous Education & Research, said聽outside the Supreme Court: 鈥淎 number of people were arrested in July 2020 at a Black Lives Matter protest in which Aboriginal people joined in a worldwide movement for justice.
鈥淭he protest was held聽with full support of local Aboriginal elders and with every measure taken to remain COVID-19 safe. Moreover, the protest occurred outside the height of the COVID-19 lockdowns, when other public events were held without arrests.鈥
Emma Hearne, associate legal director of the National Justice Project (NJP), said the organisation would fight 鈥渁longside ordinary citizens鈥 for the right to protest.
鈥淭here is no doubt that the global pandemic warranted the government creating laws to safeguard public health. In fact, our clients sought to take every possible precaution to make these protests COVID-safe.鈥
Hearne said the NSW government had failed to allow COVID-safe protests in its Public Health Orders while giving the green light to sporting events, weddings and even corporate functions. 鈥淭hat meant protesters and our democracy suffered.鈥
Hearne said it is 鈥渆ssential for our democracy鈥 that people have freedom of political communication and 鈥渙ne of the most effective ways of expressing that, proven time and time again throughout history is through protests鈥.
The NJP is calling on the NSW government and police to revoke the unjust fines.
Greens MLC Abigail Boyd criticised the NSW government for passing some of the most 鈥渄raconian and authoritarian anti-protest laws鈥 in the world.
Boyd said the NSW Greens had tried to move several disallowance motions聽but,聽because 鈥淟abor is standing in lock-step with the government鈥, the laws remain on the books.