Sydney: The Palestine Action Group is preparing for a legal battle against New South Wales police after authorities rejected their request to march to the Sydney Opera House on October 12. The demonstration is planned to mark two years since the 7 October 2023 Gaza conflict escalation and to call for “an end to genocide in Gaza.” Organisers say the march will diverge from their usual rally routes through Hyde Park and other central Sydney locations, which they have maintained nearly every week over the past two years.
NSW police cited public safety concerns as the reason for rejecting the group’s “form one” application, a formal notification that, if approved, shields participants from potential charges under anti-protest laws. Assistant Commissioner Peter McKenna stressed that the decision was not an attempt to suppress dissent, noting, “We’re not anti-protest. We facilitate thousands of protests… it’s about public safety.” Authorities highlighted risks such as crowd crush due to the limited exit points at the Opera House forecourt.
The Palestine Action Group estimates around 10,000 attendees, though Justice Desmond Fagan of the NSW Supreme Court suggested the crowd could exceed 100,000 given the strong public sentiment regarding the situation in Gaza. Justice Fagan urged the police to balance safety concerns with the public’s right to express their views, noting the potential societal implications of denying peaceful protest.
The dispute now rests with the NSW Supreme Court, which will have the final say on whether protesters receive legal protections to march. Justice Fagan has scheduled a hearing for Tuesday, encouraging both police and organisers to collaborate on a safe and feasible plan for the demonstration.
During negotiations, police reportedly warned that, due to elevated terror threat levels, Opera House security could enforce bag searches and request removal of outer garments for inspection. The Opera House bylaws grant authorised officers the right to conduct these checks “for the purposes of promoting safety and security.”
The Palestine Action Group, represented by spokesperson Amal Naser, defended their right to protest, stating, “Our rights to protest and to assemble are protected under international and domestic law. We have the right to march, and we will keep on fighting for Palestine.”
The group previously won a Supreme Court bid to march across the Sydney Harbour Bridge just over two months ago, drawing an estimated 90,000 to 300,000 participants. NSW police and civil liberties organisations have debated the effectiveness of the “form one” system, which governs protest notifications, with calls for its reform to better align with other states like Victoria.
Historical tensions continue to shadow pro-Palestinian demonstrations in Sydney. The 9 October 2023 protest at the Opera House forecourt, following the illumination of the sails in blue and white to commemorate victims of Hamas attacks on Israel, attracted international attention amid reports of alleged antisemitic chants. Police investigations later clarified several misreported chants, though the events intensified scrutiny of public demonstrations linked to the conflict.
As the October 12 date approaches, the Palestine Action Group and NSW police prepare for a courtroom showdown that will determine the legality and safety of the Opera House march. The outcome will not only shape this protest but could also set precedent for how politically charged demonstrations are managed in Sydney, balancing public safety with the right to free assembly.