Elizabeth Ann Jarrett v State of New South Wales

2026/00044249

CONSTITUTIONAL LAW – by Summons filed 7 January 2026, the applicants seek declarations that several provisions introduced by the Terrorism and Other Legislation Amendment Act 2025 (NSW) are invalid as they impermissibly burden the implied constitutional freedom of communication on government and political matters (IFPC) – on 29 January 2026, the proceeding were removed from the Common Law Division to the Court of Appeal – the provisions impugned are: (1) the provisions of Part 2, Division 3A of the Terrorism (Police Powers) Act 2002 (NSW) (or, in the alternative, specifically ss 23B(2), 23C and 23D of that Act) which empower the Commissioner of Police to make, extend or vary a “public assembly restriction declaration” over an area described in the declaration; (2) s 200(5) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA) which empowers a police office to give directions under Part 14 of LEPRA in relation to “an apparently genuine demonstration or protest”, “procession” or “organised assembly” being held within an area the subject of a “public assembly restriction declaration”; and (3) ss 27A and 27B of the Summary Offences Act 1988 (NSW) which provide that a public assembly cannot be authorised if it is held, or partially held, in an area the subject of a public assembly restriction declaration, and that when a public assembly restriction declaration is made, any existing authorisation of a public assembly in the area the subject of the declaration is taken to be revoked – whether the impugned provisions impermissibly burden the IFPC by their capacity to restrict public assembly and protest as a legitimate means of political communication.