Knitting Nannas Challenge Draconian Demonstrator Laws

In recent years governments have imposed greater restrictions on demonstrations so that the ability to engage in peaceful demonstrations is under increasing threat.

Last year NSW’s Perrottet Government with the bi-partisan support of the Labor Opposition – and without public consultation – passed an amendment to the Crimes Act relating to demonstrations near major facilities. It made it an offence to remain near any part of a major facility if this resulted in persons attempting to use the facility had to “be redirected.” 

These laws are so broad that a group of people could face serious criminal charges simply by protesting near a railway station and causing people to be redirected around them. The penalties for peaceful protesters could be a fine of up to $22,000 or two years in gaol.

In October last year Knitting Nannas Dominique Jacobs and Helen Kvelde launched a constitutional challenge to the Crimes Act amendment through their lawyers at the Environmental Defenders Office (EDO).

Ms Jacobs said, “Australians like us shouldn’t have to risk imprisonment or bankruptcy to participate in our democracy, and the Government should not be taking away our democratic freedoms.”

Ms Kvelde pointed out that there is “a long, proud history of peaceful protests in Australia, and our democratic freedoms are critical in pushing the Government to do the right thing and take climate action seriously.”

“If successful, this case will aid in the preservation of our democracy. It will see the worst excesses of these new laws struck out. It will provide clarity for all NSW citizens seeking to avail themselves of the democratic freedom to protest,” said EDO CEO David Morris.

The challenge was heard in the NSW Supreme Court in Sydney last week.

In support of the constitutional challenge Knitting Nannas from around the state demonstrated outside the court during the two days of the hearing. Nannas from Sydney, Illawarra, the Hunter, Lismore, Central Coast, Mid Coast and Milton-Ulladulla participated.

The decision in this case has great importance for anyone who engages in peaceful demonstrations in our state.

Leonie Blain