NSW Police Block Sydney Opera House Protest Days After October 7 Anniversary
Supreme Court filing cites crowd crush fears as 10,000 expected at forecourt with limited exits, sparking debate over protest rights vs. public safety
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New South Wales Police have filed a Supreme Court objection blocking a planned Palestinian Action Group protest at the Sydney Opera House on October 12, days after the second anniversary of the October 7 attacks that killed 1,200 people in Israel.
Assistant Commissioner Peter McKenna announced the decision at a press conference today, citing public safety concerns over the Opera House’s inability to handle the 10,000 people expected to gather at the forecourt, which is surrounded by water with only narrow exit points.
“It’s about public safety,” McKenna said. “The Opera House has its own development approval and engineering requirements, which says that they cannot facilitate the amount of people that the Form 1 has indicated are likely to attend.”
The announcement drew immediate support from former Labor Cabinet Minister Joel Fitzgibbon, who called the protest timing “a disgrace” in an interview with Sky News earlier today.
“1,200 people were murdered in Israel, others bludgeoned and raped, or both, hostages are still being held captive,” Fitzgibbon said. “And you have to ask yourself, what are they protesting about? We are on the verge of an historic peace agreement between Israel and Palestine, and yet they’re still out there protesting.”
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Crowd Crush Risk
McKenna emphasized that crowd crush presents a “significant concern” at the Opera House location, where the proposed protest route would end at a venue with strict capacity limits.
“If you get the large numbers, there’s no other way of moving people than turning them back upon themselves,” McKenna said. “And that is public management 101. We don’t do that because you can’t always get the messaging to everyone who want to push one way and other people coming back another way. That causes grave concerns.”
The Opera House forecourt is predominantly surrounded by water, with only a couple of small pinch points for emergency evacuations. The venue must also accommodate ticketed event attendees, Opera Bar patrons and Wilson’s Car Park users during any emergency.
Police have instructed the Office of General Counsel to lodge the Supreme Court objection, though negotiations with the Palestinian Action Group over alternate routes continue.
“I am hopeful that the applicants will come back to us and we can negotiate something else for them, which is achievable, like we have done almost every week for the last two years,” McKenna said.
Previous Protest History
The Palestinian Action Group has organized weekly protests throughout the nearly two-year period since the October 7, 2023 attacks, with police facilitating most events without incident.
“By and large, I must say, the protests and public assemblies that this group has undertaken over the last two years have been peaceful and have been done professionally,” McKenna said.
Police have processed approximately 1,500 Form 1 protest applications in the past year, going to the Supreme Court only two or three times, according to McKenna. The low frequency underscores that the Opera House objection represents an exceptional case rather than routine practice.
The group initially submitted separate applications for different routes, including one from Hyde Park to Belmore Park, which police said they could facilitate.
“We’ve had a tried-and-tested route every week just about for the last two years. We can facilitate that,” McKenna said, offering examples of acceptable alternatives.
Court Precedent Question
Police previously lost a Supreme Court challenge when they attempted to block a protest on the Sydney Harbour Bridge, raising questions about whether the Opera House objection will succeed.
McKenna defended the difference between the two venues.
“The Sydney Harbour Bridge can take a lot more people than the forecourt of the Opera House, I can tell you that,” he said.
He emphasized that each Supreme Court case is evaluated on its own merits based on specific circumstances.
“Every case is taken on its own merits in the Supreme Court. And every time we go there, we are looking at the particulars of the case in front of us,” McKenna said.
The Opera House has bylaws prohibiting protests, which police legal advisors are incorporating into the Supreme Court submission, though McKenna deferred detailed legal analysis to counsel.
Political Reaction
Fitzgibbon expressed disappointment that protest organizers continue demonstrations despite progress toward a peace agreement between Israel and Palestine.
“Ground has been given, surely,” Fitzgibbon said. “You can have a debate about whether the recognition of Palestine was a dumb thing or a smart thing, whether it was the right thing or the wrong thing, whether it’s helped or hindered the peace process. None of that changes the fact we are on the verge of a historic peace agreement.”
The former minister contrasted Palestinian protest activity with the absence of large-scale Jewish demonstrations despite ongoing security concerns.
“How many people of Jewish faith have we seen out protesting today and causing community unrest?” Fitzgibbon asked. “These people and their relatives and friends and other connections, they are the victims of what happened two years ago. They are genuinely fearful of an organisation, Hamas, which lives to see the destruction of the State of Israel.”
Fitzgibbon referenced the Manchester terror attack as a reminder of ongoing anti-Semitism and called for political leaders to reassure Jewish Australians.
“Jewish Australians are understandably fearful of social unrest in our country at the moment and our political leaders should be doing everything they can and taking every opportunity to give them reassurance that they not only have our support, but they’ll be protected with the full force of Australian law,” he said.
Police vs. Political Decision-Making
McKenna emphasized that police make protest decisions based solely on public safety rather than political considerations, responding to questions about whether politicians should have greater authority over demonstrations.
“I think it’s absolutely appropriate because we’re the experts in public safety,” McKenna said. “We are apolitical, the police force. We look at things on those public safety grounds. We don’t get into the politics of it.”
He acknowledged the October 12 date carries significance for multiple communities with different perspectives on the Israel-Palestine conflict.
“I understand there’s probably two different groups who have different views, and this is a very significant time of the year for both of them,” McKenna said.
However, Fitzgibbon suggested political leaders could do more to vocally oppose protests at sensitive times and locations, even while acknowledging democratic rights.
“It is hard for the politicians. We live in a democracy. People must have the right to protest,” Fitzgibbon said. “But I think we could do with more political leaders coming out and expressing disappointment.”
He noted Premier Chris Minns typically defers protest decisions to police, as does the Prime Minister, while suggesting politicians should more openly criticize timing and location choices.
Iconic Venue Concerns
Fitzgibbon expressed particular disappointment about targeting globally recognizable Sydney landmarks.
“There are, of course, exploding international recognition of these iconic venues like the Opera House, like the Sydney Harbour Bridge, and that’s most disappointing,” he said.
He acknowledged that the last major Harbour Bridge protest remained peaceful, complicating arguments for blanket prohibitions on demonstrations at landmark sites.
“I have to acknowledge that the last big bridge protest was a pretty peaceful event. So the politicians have to be careful,” Fitzgibbon said.
Ongoing Negotiations
The Palestinian Action Group has not yet responded to police about whether they will contest the Supreme Court objection or accept alternate routes.
McKenna said discussions remain ongoing, with police offering multiple options including the established weekly route used throughout the past two years.
“We’ve put to them alternate routes that we are happy to facilitate with them. Those discussions are ongoing,” McKenna said. “They have indicated to us that they will give us a response later about whether they themselves will contest this matter in the Supreme Court or whether they will consider the alternate routes that we may be able to negotiate.”
Police emphasized their willingness to work with organizers to facilitate a lawful assembly in a safer location.
“We’re not anti-protest. We facilitate thousands of protests. And in fact, with this particular group, we’ve been facilitating protests and public assemblies for the last two years,” McKenna said. “So it’s not a matter of us not wanting them to have a public assembly. It’s not even a matter about it being at the Opera House itself. It’s about public safety.”
Legal Framework
The Form 1 system allows protest organizers to notify police of planned assemblies, triggering negotiations over routes, timing and safety measures. Police rarely resort to Supreme Court challenges, preferring to work collaboratively with organizers.
McKenna defended the current framework as effective despite occasional court interventions.
“I think the Form 1 system works really well,” he said, noting only a handful of Supreme Court cases among approximately 1,500 applications processed in the past year.
Police legal advisors are incorporating Opera House development approval requirements and bylaws into their Supreme Court submission, though McKenna declined to detail specific legal arguments.
“We’ve taken legal advice on that, and no doubt the Office of General Counsel will brief on that. I’ve got no doubt that will form part of the submission to the Supreme Court,” he said. “But I’m not a lawyer, so we’ll leave that to them.”
Snap Protest Warning
McKenna addressed reports of unauthorized snap protests, including one the previous night where organizers declared an end to civil obedience.
“We understand that you have a constitutional right to hold public assemblies in New South Wales, indeed in Australia,” McKenna said. “And at times that means there may well be snap public assemblies, snap protests. But people aren’t allowed to then have a free reign of the city, break laws, do that sort of thing. And if they do, well, we will take action.”
He emphasized zero tolerance for criminal behavior or antisocial conduct during any demonstration, whether authorized or spontaneous.
“We’ve got no tolerance for that type of behaviour going forward. There’s no tolerance for criminal offending or for any antisocial behaviour. And if we have to make arrests when people do the wrong thing, we’ll do that,” McKenna said.
Community Tensions
McKenna acknowledged heightened emotions across different communities regarding overseas conflicts playing out in Australian cities.
“We understand there are heightened emotions at the moment from different groups about what is happening overseas. We get that. We empathise with that,” he said. “We can’t get into the politics of it. We don’t take sides with the New South Wales Police Force. We just want to keep everyone safe.”
He noted similar protests occurring in major cities worldwide due to geopolitical tensions.
“We don’t really want to see issues overseas playing out on the streets of Sydney, but unfortunately, the geopolitical situation we’re in is seeing that in every major city around the world,” McKenna said. “My job as the commander of the Central Metropolitan Region in Sydney is to keep people safe in Sydney, and that’s what we’ll be doing.”
The Supreme Court will now review police objections against the Palestinian Action Group’s application, with the October 12 protest date approaching rapidly. The outcome will determine whether organizers accept alternate routes or pursue their Opera House demonstration through legal challenge.
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