NSW Police say 'communication error' led to Neo-Nazi protest being authorised | 7.30

Key Concepts

• Summary Offenses Act (NSW): Legislation governing public assemblies and protests in New South Wales.
• Form One: The application form required for lodging a protest or public assembly.
• Delegation of Authority: The process by which the Police Commissioner delegates decision-making power for protests to local commanders.
• Public Safety and Significant Disruption: The primary legal grounds for opposing a protest under the current legislation.
• Hate Speech Legislation: Laws that prohibit the use of certain language deemed hateful or discriminatory.
• ASIO (Australian Security Intelligence Organisation): The national security agency, whose director's comments on the National Socialist Network are referenced.
• National Socialist Network (NSN): A neo-Nazi group identified as anti-immigrant, anti-indigenous, anti-gay, anti-Jew, and anti-Islam.
• "Blood and Honour" chant: A chant associated with the Hitler Youth, being investigated for potential hate speech.
• Social Cohesion: The degree of social harmony and integration within a society.

Neo-Nazi Demonstration and Police Response in New South Wales

Overview of the Demonstration

A neo-Nazi demonstration organized by approximately 60 members of the National Socialist Network (NSN) took place outside the New South Wales Parliament. The group displayed a banner with the slogan "Abolish the Jewish lobby." The New South Wales police did not oppose the demonstration, despite seeking legal advice on the possibility of blocking it. They were informed that such an attempt was unlikely to succeed in court. The Premier of New South Wales has suggested that laws should be amended to prevent similar protests in the future.

Police Process for Managing Protests

Police Commissioner Mal Lanyon explained the process under the Summary Offenses Act for managing protests. Individuals intending to conduct a protest or public assembly must lodge a Form One. This form details the purpose of the protest, the expected number of participants, and the intended location. The police then assess this application against existing legislation and their knowledge of the organizing group.

Communication Breakdown and Governance Issues

Commissioner Lanyon acknowledged a communication error that prevented the application from reaching him for a decision. He stated that while over a thousand protests are managed annually in New South Wales, a high-profile application like this should have resulted in him being briefed. He expressed disappointment at not being informed and has since taken steps to improve governance and coordination within the office of the commissioner to prevent recurrence.

Legal Grounds for Opposition and Limitations of Current Legislation

The Commissioner indicated that even if he had seen the application, the current legislation primarily allows for opposition to protests based on public safety or significant disruption to the public. He noted that the NSN's previous dealings and the information on the Form One did not present a clear risk to public safety. While the slogan "Abolish the Jewish lobby" and the group's ideology are considered reprehensible, the existing hate speech legislation is complex, particularly regarding the element of intent, which requires thorough investigation.

The Commissioner stated that he would have sought legal advice on whether there were sufficient grounds to object to the protest in the Supreme Court, but the usual grounds are public safety and disruption. He also mentioned that the Summary Offenses Act is broad and "looks very favorably on people's rights to protest and free speech."

Investigation into Hate Speech

The police are currently investigating whether any hate speech was used during the rally. Legal experts are examining the use of chants, such as "blood and honour," which is associated with the Hitler Youth, to determine if it falls under hate speech legislation. The Commissioner emphasized that hate speech legislation involves a complex assessment, including the factor of intent.

Premier's Stance and Potential Law Changes

The Premier has stated that if given the opportunity again, the rally would not have taken place, suggesting he believes it could have been prevented. Commissioner Lanyon reiterated that the police must operate within the existing legislation. He indicated a willingness to work closely with the government to review and potentially amend laws to better address such situations and prevent future occurrences that cause distress to the community.

Broader Societal Challenges

Commissioner Lanyon touched upon the broader challenge of social cohesion in Australia and globally, referencing comments by the Director-General of ASIO, Mike Burgess. Burgess described the NSN as anti-immigrant, anti-indigenous, anti-gay, anti-Jew, and anti-Islam, expressing deep concern over its hateful, divisive rhetoric and increasingly violent propaganda. While acknowledging the NSN's actions are reprehensible, the Commissioner highlighted that the police have not observed the same level of violence in New South Wales as reported in Victoria.

Conclusion and Future Actions

The police are committed to ensuring public safety and will take decisive action if offenses are committed during protests. The thorough investigation of the weekend's activities aims to identify any offenses that could be used to oppose future rallies. The police will continue to work closely with the government on legislative matters to support the community and maintain a harmonious society. The Commissioner expressed satisfaction that the appropriate process was followed in terms of the Form One submission and that police presence was planned and monitored during the rally.

Synthesis/Conclusion

The neo-Nazi demonstration in New South Wales highlighted a critical tension between the right to protest and the need to prevent hate speech and protect vulnerable communities. While the police operated within the existing legal framework, which prioritizes public safety and significant disruption as grounds for opposition, the incident exposed potential gaps in legislation concerning the explicit prohibition of hate-filled ideologies and their public expression. The communication breakdown within the police force has been addressed, and there is a commitment to working with the government to review and potentially strengthen laws to prevent similar events from causing widespread outrage and distress in the future. The investigation into potential hate speech during the rally is ongoing, and its findings will inform future actions.