United Nations special rapporteur moves to join the challenge against NSW government's protest restrictions
/ By Andrew Martin
United Nations special rapporteur moves to join the challenge against NSW government's protest restrictions
/ By Andrew Martin
A United Nations expert is moving to take part in a constitutional challenge to the NSW government’s contested protest curbs, which were enacted following the Bondi terrorist attack and are now before the courts in New South Wales.
Passed in a late-December rush through parliament, the measures allow police to deny authorisation for all protests in the aftermath of the massacre, amounting to a power to refuse demonstrations.
A coalition of pro-Palestinian and First Nations organisations has brought proceedings in the court, contending the laws breach the implied constitutional freedom of political communication on which democratic debate relies.
Ben Saul, the United Nations special rapporteur on human rights and counterterrorism, has sought leave to intervene as an expert, proposing to assist the court on issues of civil liberties and international human rights law if permitted.
His lawyer, Osman Samin, said the application was made so Professor Saul could aid the court as an independent expert, rather than to advance either party’s case.
Mr Samin told the ABC that an intervenor does not advocate for either side; their sole role is to help the court reach determinations in a neutral, informed way.
He added that Professor Saul’s submissions would examine how protest regulation is balanced against international human rights standards, including the principles that apply under international law.
Opposition likely, government lawyer says
For the state, Brendan Lim SC told the Supreme Court his client is likely to move to exclude Professor Saul from the case, signalling a challenge to his proposed role.
He argued a significant portion of the evidence was of doubtful relevance and said he was not entirely sure what use was proposed for it at this stage.
He added that any submissions on the content of international human rights law would introduce an entirely new topic and, in the state's view, be irrelevant to the statute’s constitutional validity.
Mr Samin described the government’s stance as disappointing, given the offer of assistance.
He argued that as an international law specialist, and specifically a United Nations-appointed expert in this field, it was hard to understand why the state would not welcome his assistance as a friend of the court in an impartial capacity.
Parties directed to settle participation question
Chief Justice Andrew Bell directed the parties to resolve whether Professor Saul may participate—by correspondence or in court—before the challenge is heard in the Court of Appeal on February 26, with that question to be dealt with ahead of the listed hearing.
Asked on Thursday morning, NSW Premier Chris Minns said he was unaware of the specifics of the legal strategy but maintained he believes the laws will survive the constitutional challenge brought against them.
He said he respects the judiciary’s role and would allow it to make the decision in due course.
Minns added that people have every legal right to bring claims to the Supreme Court and the High Court, and that he would let them do their job accordingly.
Passed in a late-December rush through parliament, the measures allow police to deny authorisation for all protests in the aftermath of the massacre, amounting to a power to refuse demonstrations.
A coalition of pro-Palestinian and First Nations organisations has brought proceedings in the court, contending the laws breach the implied constitutional freedom of political communication on which democratic debate relies.
Ben Saul, the United Nations special rapporteur on human rights and counterterrorism, has sought leave to intervene as an expert, proposing to assist the court on issues of civil liberties and international human rights law if permitted.
His lawyer, Osman Samin, said the application was made so Professor Saul could aid the court as an independent expert, rather than to advance either party’s case.
Mr Samin told the ABC that an intervenor does not advocate for either side; their sole role is to help the court reach determinations in a neutral, informed way.
He added that Professor Saul’s submissions would examine how protest regulation is balanced against international human rights standards, including the principles that apply under international law.
Opposition likely, government lawyer says
For the state, Brendan Lim SC told the Supreme Court his client is likely to move to exclude Professor Saul from the case, signalling a challenge to his proposed role.
He argued a significant portion of the evidence was of doubtful relevance and said he was not entirely sure what use was proposed for it at this stage.
He added that any submissions on the content of international human rights law would introduce an entirely new topic and, in the state's view, be irrelevant to the statute’s constitutional validity.
Mr Samin described the government’s stance as disappointing, given the offer of assistance.
He argued that as an international law specialist, and specifically a United Nations-appointed expert in this field, it was hard to understand why the state would not welcome his assistance as a friend of the court in an impartial capacity.
Parties directed to settle participation question
Chief Justice Andrew Bell directed the parties to resolve whether Professor Saul may participate—by correspondence or in court—before the challenge is heard in the Court of Appeal on February 26, with that question to be dealt with ahead of the listed hearing.
Asked on Thursday morning, NSW Premier Chris Minns said he was unaware of the specifics of the legal strategy but maintained he believes the laws will survive the constitutional challenge brought against them.
He said he respects the judiciary’s role and would allow it to make the decision in due course.
Minns added that people have every legal right to bring claims to the Supreme Court and the High Court, and that he would let them do their job accordingly.