Protests Erupt in New South Wales Amid New Anti-Protest Laws

The recent protests in New South Wales (NSW) are rooted in the ongoing struggle for justice following the death of David Dungay Jr., a 26-year-old Dunghutti man who died in custody at Long Bay jail on December 29, 2015. His uncle, Paul Silva, has been a prominent advocate for change, organizing rallies and supporting families affected by similar tragedies. The protests coincide with a troubling statistic: Aboriginal and Torres Strait Islander people accounted for 33 of the 113 deaths in custody in Australia during the 2024-25 period, marking the highest number since 1979-80.

The GuardianNew York TimesResist NSW Premier Minns' attack on the right to protest78ers In Support Of Legal Challenge To New Anti-Protest Laws In NSW

In a controversial move, the NSW government passed new laws on December 24, 2025, granting the police commissioner the authority to ban protests for up to 90 days following a declared terrorism incident. This legislation was introduced in response to a recent terrorist attack at a Hanukkah celebration in Bondi Beach that resulted in 15 fatalities. Premier Chris Minns defended the laws as necessary for public safety, stating, “Sydney and New South Wales have changed forever as a result of that terrorist activity.”

New York Times

The new laws have raised concerns among activists, particularly regarding their potential impact on upcoming protests, including a rally planned for January 18 to commemorate Dungay Jr. and the Invasion Day Rally on January 26, which aims to highlight the ongoing issues faced by Aboriginal communities. Silva emphasized the importance of these gatherings, stating, “We will tackle them strategically” if faced with bans.

The Guardian

Critics of the new laws include Independent Senator Lidia Thorpe, who argued that the Bondi attack should not be used to justify the erosion of democratic rights. She stated, “Protest is not a threat to democracy; it is a fundamental pillar of democracy.” Additionally, a coalition of groups, including the Palestine Action Group and Jews Against the Occupation, is mounting a legal challenge against the anti-protest laws, asserting that they disproportionately target marginalized communities.

The Guardian

The passage of these laws has sparked fears of a broader crackdown on civil liberties in NSW. Activists argue that the restrictions could stifle dissent and further alienate communities from the government. The 78ers, veterans of the first Gay and Lesbian Mardi Gras, have voiced their support for the legal challenge, emphasizing that “silence in the face of oppression is not an option.”

78ers In Support Of Legal Challenge To New Anti-Protest Laws In NSW

While the government maintains that the laws are necessary for public safety, many activists and legal experts contend that they represent an unprecedented attack on the right to protest. There is a notable divide in public opinion regarding the justification of these laws, with some viewing them as essential security measures and others as a dangerous overreach.

78ers In Support Of Legal Challenge To New Anti-Protest Laws In NSW

• “They [the government] don’t really care about Aboriginal deaths in custody. These people are not just statistics to us … they are family members, they are brothers, sisters, mothers, cousins and fathers.” — Paul Silva, Advocate

The Guardian

• “Protest is not a threat to democracy, it is a fundamental pillar of democracy.” — Lidia Thorpe, Independent Senator

The Guardian

• “If activism and peaceful protest are under threat, then so too are fundamental human rights.” — 78ers Coalition Statement

78ers In Support Of Legal Challenge To New Anti-Protest Laws In NSW

As the situation unfolds, the upcoming protests will serve as a critical test of the new laws and the resilience of civil rights in New South Wales.

New York Times