No explicit ban on protests outside places of worship likely for WA

Western Australia’s government is unlikely to introduce an explicit ban on protests outside places of worship, according to officials and legal experts. While concerns over rising antisemitism have prompted discussions about limiting such demonstrations, the current legislative framework does not include a direct prohibition. Instead, proposed reforms aim to empower law enforcement to manage protests that promote hatred or harassment based on religious beliefs, among other factors. The debate emerged following a recommendation from the Royal Commission on Antisemitism and Social Cohesion, which suggested measures akin to existing buffer zones around abortion clinics. These proposals were discussed in the context of growing tensions and reports of targeted attacks against Jewish communities. However, the state government has opted for a more measured approach, focusing on preventing harm and ensuring public safety through broader policing powers. Attorney General Tony Buti emphasized that his department’s primary concern is “preventing harm, reducing intimidation” and supporting law enforcement in maintaining order. He pointed to a bill currently under consideration in the Legislative Council, which was influenced by recent events such as the Bondi terror attack and an alleged attempted assault during Perth’s Invasion Day rally. The proposed legislation would allow police to deny permits for protests that incite hostility toward individuals based on their religion, race, or gender identity. Despite these efforts, the new rules do not explicitly prohibit protests near places of worship. Permits are only required for demonstrations that block roads, offering legal protections to participants. Most other protests remain unregulated, meaning they would not fall under the scope of the proposed changes. This distinction has drawn mixed responses from community leaders and legal scholars. Mark Dreyfus, former Commonwealth attorney general, advocated for stronger protections at the royal commission, urging lawmakers to consider measures beyond merely banning political protests. He argued that the goal should be to safeguard Jewish Australians and ensure their right to practice their faith without fear. Similarly, WA Supreme Court Justice Marcus Solomon, who is also an Orthodox Jewish rabbi, expressed deep concerns about the increasing threat to religious freedoms. In a speech in Darwin, he described the situation as an “appalling indictment” of societal tolerance, citing instances where children had been exposed to dangerous situations near synagogues. Solomon stressed that while free speech is essential, it must be balanced with the right to religious expression. He warned that allowing protests to occur in close proximity to places of worship could create an environment of fear and intimidation. “To have people too fearful to attend their place of worship,” he said, “is an affront to human dignity.” Steve Lieblich, vice president of the Jewish Community Council of WA, acknowledged the importance of addressing antisemitism but noted that a specific ban on protests near places of worship was not a top priority for his community. He cited a positive working relationship with WA Police and reported only one instance of a protest near a Perth synagogue in recent memory. Nevertheless, he supported the idea of clearer guidelines to help both authorities and the public understand acceptable protest practices. Lieblich emphasized that while the right to protest is valuable, it must coexist with the rights of others to freely practice their faith. He acknowledged that some protests might unintentionally intimidate worshippers but argued that such occurrences were rare and did not justify sweeping prohibitions. “There’s no need to gather in such an area,” he said, highlighting the importance of responsible protest behavior. As the discussion continues, the focus remains on balancing individual freedoms with communal safety. With antisemitism reaching alarming levels, the challenge lies in crafting policies that protect vulnerable groups without unduly restricting legitimate forms of expression. The outcome of ongoing debates and potential legislative actions will shape how these tensions are managed in the coming months.