‘Communication issue’: NSW Police Commissioner was unaware of neo-Nazi rally

Key Concepts

• Form One: A notice of intention to conduct a public assembly, lodged by protest organizers.
• Summary Offenses Act: Legislation that balances the rights to protest and free speech against public safety and disruption.
• Section 93 ZA of the Crimes Act: Legislation that addresses public acts inciting hatred towards a group, causing fear, harassment, intimidation, or safety concerns.
• "Incites hatred" vs. "Promotion of hatred": Legal distinctions in hate speech legislation that affect the ease of prosecution.
• Systemic Issue: A problem within an organization's processes or structure, rather than an isolated incident.
• Social Cohesion: The degree of social connection and solidarity among groups in a society.

Summary of Interview with NSW Police Commissioner Mal Lanyon

This interview with New South Wales Police Commissioner Mal Lanyon addresses the handling of a neo-Nazi rally outside Parliament House, focusing on procedural failures, legal challenges, and the broader implications for public safety and social cohesion.

1. Discovery and Initial Reaction to the Protest

• Late Notification: Commissioner Lanyon was surprised to learn about the neo-Nazi protest on Saturday morning, after it had already occurred. He was briefed by the New South Wales government, not through the police chain of command.
• Communication Breakdown: Lanyon acknowledged this as a significant problem, stating, "That sort of communication issue, that sort of process needs to be changed and I've taken steps already to rectify that."

2. The Process for Approving Protests

• Form One Procedure: The process for organizing a protest involves lodging a "Form One," which details the reasons, location, and expected number of participants.
• Area Command Decision: This form is sent to a police area command, which assesses it against relevant legislation and knowledge of the organizing group.
• Decision Not to Oppose: In this specific case, the area command determined there were insufficient grounds to oppose the protest based on the information in the Form One and previous interactions with the group.
• Lanyon's Stance: Lanyon stated, "I don't believe we had grounds to oppose it," and that the decision was "not inappropriate" based on the legislation at the time. He has since requested legal advice on the prospects of opposing similar applications in the future.

3. Legal Framework and Challenges

• Summary Offenses Act: The Commissioner emphasized that police operate under the Summary Offenses Act, which requires a balancing act between the right to protest and public safety.
• Section 93 ZA of the Crimes Act: The interview delved into Section 93 ZA, which criminalizes public acts that intentionally incite hatred and cause fear or intimidation to a group.
• "Intentionally Incites Hatred" Threshold: Lanyon highlighted the difficulty in proving "intentionally incites hatred," noting that such groups often operate in a "gray area" of legality.
• Legal Uncertainty: While acknowledging the potential for fear and intimidation to the Jewish community, Lanyon stated that police need to consider the legal nuances and make decisions on the ground at the time. He clarified, "I have not said that there are no offenses. I've said very clearly that we are investigating this matter thoroughly."
• "Promotion of Hatred" vs. "Inciting Hatred": Lawyers consulted suggested that changing the legal threshold from "inciting violence" to "promotion of hatred" would make it easier for police to act. Lanyon noted that legislative changes are a government matter.

4. Escalation Failures and Systemic Issues

• Multiple Avenues Missed: The Form One went to the local area command and the police legal unit. The Sydney Morning Herald also contacted the NSW Police media unit on the Friday before the protest, raising concerns about the neo-Nazi plans.
• Lack of Executive Briefing: Despite these multiple points of contact, Commissioner Lanyon was not personally informed of the protest. He stated, "I was not personally informed that that protest was occurring."
• "Process Issue": Lanyon identified this as a "process issue" and confirmed that steps are being taken to rectify it. He acknowledged that it indicates a "systemic issue in the police force."
• Police Presence and Lack of Immediate Action: Police were in attendance at the rally, but no arrests were made on the spot. Lanyon explained that under the Form One process, the protest was considered authorized unless opposed.

5. Investigation and Future Actions

• Ongoing Investigation: The police are currently reviewing audio and video evidence of the protest to determine if any offenses were committed.
• Identification of Participants: Lanyon confirmed that police know a number of the individuals present and will be able to identify others if necessary. He expects arrests and criminal penalties if offenses are identified.
• Potential for Political Party Formation: The group has indicated an intention to become a political party, a process Lanyon stated police have no power to prevent.

6. Broader Concerns and Commissioner's Perspective

• Abhorrent Ideology: Lanyon unequivocally stated, "I find their actions and their ideology abhorrent." He stressed that the divisiveness they promote is a significant challenge to social cohesion.
• Legislation Fit for Purpose: When questioned if the laws were "not fit for purpose," Lanyon reiterated the need to work within existing legislation while acknowledging the challenges.
• Terrorism Act Consideration: He indicated that the group's motives would need to be assessed to determine if they fit the definition for listing under the terrorism act, but suggested their current actions might not meet the criteria.
• Reassurance to the Community: Lanyon reassured the community that police are focused on their safety and are capable of taking action. He highlighted the skill of NSW Police in managing over a thousand protests this year, with most being peaceful.
• Radicalization Concerns: He expressed concern about the group gaining "oxygen" and potentially radicalizing young people, stating, "We don't want people to attach to a group with this type of ideology."
• Message of Empathy and Respect: Lanyon's message to the group was a call for "empathy, respect, and understanding," emphasizing the need for people to live together in harmony and peacefully.

7. Conclusion

The interview reveals significant procedural and communication failures within the NSW Police Force regarding the handling of the neo-Nazi rally. While Commissioner Lanyon acknowledges these issues and is taking steps to rectify them, the legal framework surrounding hate speech and public assembly presents ongoing challenges. The police are committed to a thorough investigation and will take action if offenses are identified, but the incident highlights the complexities of balancing free speech with public safety and the need for robust legal and procedural mechanisms to address extremist ideologies.