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Saturday, Feb 07, 2026

Protest Rights Under Scrutiny as Demonstrations Planned During Israeli President’s Australia Visit

Authorities and organisers weigh public safety laws against civil liberties as large rallies are expected nationwide
Large-scale demonstrations are expected across Australia during the official visit of Israeli President Isaac Herzog, prompting renewed scrutiny of the legal rights to protest and the powers of police to restrict public assemblies.

Marches and rallies are planned in several major cities, with organisers signalling their intention to protest the visit while authorities prepare extensive security measures.

Australia does not enshrine an explicit constitutional right to protest.

However, the High Court has recognised an implied freedom of political communication, which provides limited protection for peaceful demonstrations connected to political expression.

The practical application of protest rights varies by state and territory, shaped by a mix of common law principles and statutory regimes.

In New South Wales and Queensland, protest organisers may submit details of planned marches to police to gain certain legal protections, particularly against offences such as obstructing traffic.

While approval is not strictly mandatory, failure to engage with police can expose participants to enforcement action.

In the Australian Capital Territory, protests can generally proceed without prior authorisation, while Victoria applies a more conditional framework that allows police to impose operational limits in the interests of safety.

Ahead of the president’s visit, New South Wales authorities have relied on expanded public safety legislation to declare restricted zones in central Sydney.

These powers allow police to prohibit marches in designated areas and issue move-on orders, citing heightened security concerns linked to recent violent incidents.

State officials argue the measures are necessary to protect the public, visiting dignitaries and peaceful demonstrators alike.

Protest organisers have challenged the restrictions, arguing they place an excessive burden on political expression and undermine democratic participation.

Some groups have indicated they intend to proceed with demonstrations despite the risk of fines or arrest, while legal challenges to the restrictions continue.

The visit has become a focal point for broader debate about the balance between civil liberties and public order, with the outcome likely to influence how protests are managed in Australia in the future.
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