Today the NSW Health Minister Brad Hazzard has given a green light to a Sydney LGBTQI protest against homophobic legislation on Saturday, agreeing with protest organisers that the right to protest can be balanced with public health and safety risks.
This is the first time the NSW Health Minister has granted an exemption to a protest during the COVID-19 pandemic. Following the Minister’s exemption, NSW Police withdrew their opposition to the Take Over Oxford Street march.
Previous cases in the NSW Supreme Court, including a National Tertiary Education Union (NTEU) rally in Sydney and a #BlackLivesMatterrally in Newcastle, have also concluded that the freedoms of speech and assembly can be maintained during the COVID-19 pandemic.
National Justice Project lawyer George Newhouse, who represented the protest organisers in court, has said:
“Today the NSW Health Minister has taken action to safeguard the LGBTQI community’s right to be heard. We congratulate Mr Hazzard’s commitment to balancing health and safety risks with the right to protest.”
“The National Justice Project has been central in securing COVID-safe protest rights on three occasions. We hope that this decision by the Health Minister provides a clear indication to the NSW Police that in future cases the freedoms of speech and assembly can be balanced with community health and safety.”