NSW Premier Received Warnings on Police Powers Before Passing Controversial Laws
New South Wales Premier Chris Minns was cautioned that heavy-handed policing and expanded police powers could alienate communities and potentially "increase the risk of radicalisation" before his government enacted restrictive protest legislation. This advice came from Alexandra Caples, the NSW cabinet office national security executive director, in a briefing note provided a week after the antisemitic mass shooting on 14 December, which killed 15 people during a Hanukah festival.
Expert Advice on Proportionality and Community Engagement
Caples urged Minns to carefully consider proportionality, judicial oversight, and community engagement to avoid unintended consequences and constitutional risks. She highlighted that previous consorting and anti-terror laws had been disproportionately applied, affecting Indigenous communities, ethnic minorities, and young people, raising concerns about profiling and discrimination.
"Heavy-handed enforcement may alienate communities, making individuals less likely to co-operate with authorities or report genuine threats," Caples warned. "Worst case, perceived injustice or targeting can fuel resentment and increase the risk of radicalisation." She added that expanded police powers could damage trust between police and communities, undermining efforts to counter extremism through partnership and prevention.
Passage of Laws and Subsequent Protests
Despite this warning, the NSW laws cracking down on gun ownership and public protests were passed on Christmas Eve. These laws empowered the state's police commissioner to curb public assemblies in designated areas without judicial oversight in cases of a declared terrorist attack. Civil rights groups heavily criticised the legislation.
During Israeli President Isaac Herzog's visit to Australia in February, NSW Police Commissioner Mal Lanyon used these extra powers to ban street protests in central Sydney areas. This led to violent clashes between police and protesters, and officers removed a group of Muslim men during prayers, sparking outrage from the Islamic community.
Government Response and Criticism
The Minns government has defended the police, stating that protesters were briefed on permitted activities and blaming the violence on participants trying to breach enforcement lines. A NSW government spokesperson said, "We stand by our laws to keep the community safe," emphasising community safety as the priority.
However, Greg Barns, spokesperson for the Australian Lawyers Alliance, argued that Caples' advice was demonstrably ignored. "And given the subject matter, dangerously so," he said, noting that anti-terror laws have been disproportionately applied to ethnic minorities, risking social division.
Expert Insights on Radicalisation Risks
Extremism expert Michael Zekulin from the Australian National University explained that government overreach can exacerbate social grievances, leading to radicalisation and violence. He stated that actions like using police force against praying Muslims could confirm perceptions of targeting, making individuals more susceptible to extremist messaging.
"What you're probably doing is creating an environment where more people may investigate ideas they were dismissing earlier, as you're adding a kernel of truth to what they believe," Zekulin said.
Community Relations and Ongoing Issues
Commissioner Lanyon has defended the use of force but privately apologised to the Muslim community. Premier Minns admitted to a relationship breakdown with the community, leading to the cancellation of an annual dinner with its leaders. Rateb Jneid, president of the Australian Federation of Islamic Councils, criticised Minns' defence of police and failure to address community concerns about anti-hate laws.
Minns continues to push for a ban on the phrase "globalise the intifada," which pro-Palestine protesters use as a rallying cry, while Jewish groups argue it incites violence and anti-semitism.
Caples also advised that legislation doesn't change behaviour and rapid reforms risk driving concerning activity underground, where it's harder to track. She warned that broader powers might criminalise controversial speech, suppressing legitimate dissent and minority viewpoints.
