Reason for alarm? The Roads and Crimes Legislation Amendment Act 2022 (NSW) and the diminishing right to protest in NSW

The decline in global trust towards democratic processes and government institutions has incited a wave of protests. The State of NSW has responded by introducing harsh penalties for certain forms of protest through the enactment of the Roads and Crimes Legislation Amendment Act 2022 (RCLAA). Significant concerns have been voiced regarding the RCLAA from civil society and human rights organisations, with the United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association reminding NSW that peaceful protesters should never face criminalisation or imprisonment. This paper provides a comprehensive analysis of Australia's international commitments concerning the right to protest and assesses the alignment of the amendments made to the Crimes Act 1900 (NSW) and the Roads Act 1993 (NSW) by the RCLAA with international obligations. It asserts that the people of NSW are not afforded the right to protest peacefully in accordance with Australia’s international obligations. This paper contends that the RCLAA exacerbates an existing power imbalance in favour of the State, necessitating urgent rectification to ensure that calls for accountability, challenges to impunity, and demands for the protection of human rights are not silenced in a democratic society.