Australia: Authorities attempt to restrict protests, criminalise protesters and use excessive force despite UN review

Australia’s civic space is rated as ‘narrowed’ by the CIVICUS Monitor. Concerns highlighted previously include the continued prosecution of whistle-blowers, the passage and use of anti-protest laws which are at odds with Australia’s international obligations, and the arrest of climate and pro-Palestinian protesters.

In July 2025, CIVICUS and the Melbourne Activist Legal Support (MALS) submitted a report to the UN Human Rights Council examining Australia’s compliance with its international human rights obligations. In the report, concerns were raised about the failure to review laws and provisions that could be used to restrict civic space and restrictions on the rights to freedoms of expression and peaceful assembly. An NGO coalition in Australia – which includes over 100 organisations - also submitted a report to the council. The review is scheduled for early 2026.

Since June 2025, there have been reports of arrests and ill-treatment of pro-Palestine protesters and attempts by the police to use the courts to block protests. A protest observer group highlighted police failure in Melbourne at an anti-immigration protest. Whistleblower Richard Boyle who has been facing prosecution for years was given a no-conviction sentence, a journalist won an unfair dismissal case for her online comments on Gaza, and there are concerns over amendments to increase barriers to access information.

Peaceful Assembly

Arrests and ill-treatment at protest against company supplying arms to Israel

Five people were arrested during a pro-Palestine protest in Sydney against an Australian company supplying arms to Israel. Ill-treatment by the police was also reported.

The protest at SEC Plating on 27th June 2025, which is involved in providing plating services for various parts used by Israel in F-35 jets, was organised by the Weapons Out of the West (WoW) group.

New South Wales (NSW) state police said it issued a move-on direction to about 60 protesters, who allegedly attempted to block pedestrian access to the business. Police arrested one legal observer before the picket had even started. Another protester was “illegally strip-searched in front of the crowd in the cold with no privacy”, WoW said. Altogether, five were arrested on several grounds, from not listening to police directions to running from police.

Legal Observers NSW said police were seen “tackling individuals walking along the footpath to the ground and dragging one person on the concrete”. “A police officer placed their hands around the neck of one person to drag them backwards, causing them to be unable to breathe for about a minute, with serious bruising developing”.

They said police had issued move-on orders on the basis that individuals being near the location would cause “fear and alarm”. Legal Observers NSW said these are “not valid reasons for issuing a move-on order under the Law Enforcement (Powers and Responsibilities) Act 2002”.

All five were granted conditional bail to appear before Bankstown Local Court on 15th July 2025.

Former Greens candidate Hannah Thomas sustained facial injuries during her arrest and was taken to Bankstown Hospital for treatment. She underwent two rounds of surgery to her right eye, with her lawyers alleging a police officer punched her in the face.

Civil society groups called for an independent investigation into the conduct of NSW Police during the protest and the injuries caused to protestors, and for an urgent review on how protest rights can be better protected in law. They also called for civil society to be included in this working group to undertake a review of the 2022 anti-protest laws.

Observer groups highlight police failure at anti-immigration protest

The Melbourne Activist Legal Support (MALS) expressed concern about the actions of Victoria Police on 31st August 2025 in Melbourne and failure to mitigate risks posed by neo-Nazis.

On the day, anti-immigration protests and counter protests occurred across Australia as thousands took to the streets calling for a stop to "mass migration".

March For Australia supporters donned Australian flags and shouted expletive-laden slogans, with neo-Nazis and right-wing politicians among those at the rallies.

Crowds across the country were mostly non-violent but police used pepper spray to separate some pro- and anti-immigration protesters. Police said several arrests have been made in Melbourne, Sydney and Adelaide.

Six people were arrested during the protests in Melbourne. Those arrested face charges which include assaulting police, behaving in a riotous manner, attempted robbery, assault, and resisting police.

MALS observed that police operational tactics deployed on the day, which focused solely upon separating opposing groups, resulted in a failure to adequately manage the intimidating, hateful and discriminatory behaviour of neo-Nazi and white supremacist groups who marched through the CBD, spoke on the steps of Parliament House, and allegedly assaulted people throughout the day.

MALS found that Victoria Police failed to monitor the large group of National Socialist Network (NSN) members after they were directed to leave the Flinders Street station steps at 4:15pm and who then marched to Camp Sovereignty, an Indigenous protest camp located within Kings Domain, where they allegedly assaulted multiple people at approximately 5:00pm.

Court rejects application by police to prohibit large pro-Palestine protest in Sydney

On 2nd August 2025, the Supreme Court of New South Wales refused an urgent application by the Commissioner of Police to prohibit a large-scale “March for Humanity” across the Sydney Harbour Bridge organised by the Palestine Action Group Sydney (PAG).

The police had argued that the closure of the Sydney Harbour Bridge would affect public safety, impede emergency services and cause severe traffic disruption, among other concerns.

Justice Rigg found that the Commissioner had not established that it was necessary or proportionate to take away the legal protections given to people at an authorised protest, finding that the right to peaceful assembly outweighed public safety and logistical concerns.

The onus shifted to the Commissioner to apply for and secure an order under section 25(1) prohibiting the public assembly. Accordingly, the Commissioner filed an urgent summons seeking such an order, relying on evidence from senior police, Transport for New South Wales, Fire and Rescue NSW and other stakeholders.

The ruling meant protesters had immunity from being charged under the Summary Offences Act. This includes protection from offences like “obstructing traffic” – crucial in this particular protest.

On 4th August 2025, at least 90,000 people attended the protest, despite torrential rain - with many carrying placards with messages to politicians to stop the war. Lots of families, many with small babies, came out to support the peaceful demonstration. Alongside them, stationed across the bridge, were police officers from the riot squad.

Brisbane pro-Palestine protesters banned from marching on Story Bridge route

In August 2025, Pro-Palestine protesters were banned from marching across Brisbane’s Story Bridge after a court challenge by police.

On 21st August 2025, Chief magistrate Janelle Brassington approved an application for a ban by the Queensland Police Service (QPS), made on the basis of community safety. Brassington ruled that the planned Gaza march could not go ahead due to a risk to public safety. She said the rally would require closing all six lanes of the bridge, blocking emergency vehicles.

It is the second time in 2025 that a group has been banned from marching over the bridge for the same reason. An active transport group was blocked in May 2025.

Civil society groups stated that “the risks outlined by Queensland Police Service as the reason for seeking to deny the protest authorisation do not seem to meet the threshold of what is required under the Peaceful Assemblies Act” and “call on the Minister to fulfil the obligations of the police and government to ensure peaceful protest can take place.”

Protest Rights Campaigner at Australian Democracy Network (ADN) Anastasia Radiesvka said public places like the Story Bridge are vital sites of democratic participation. She added: “This unprecedented move undermines the right to peaceful assembly and sets a dangerous precedent for democracy in Queensland and across Australia.”

Remah Naji, the spokesperson for organisers Justice for Palestine said after the ruling that protesters still planned to “go ahead with our peaceful assembly”.

On 24th August 2025, the Palestine Action Group said about 50,000 people participated in Brisbane. People gathered in Queens Gardens shortly after 1pm with the crowd spilling into Elizabeth, George and William streets, forcing road closures around the CBD. Representatives from several unions, including the Media, Entertainment and Arts Alliance (MEAA), which represents journalists, attended.

NSW Police officer charged with assault of protester

On 23rd September 2025, it was reported that a NSW Police officer has been charged with assault over the arrest of former Greens candidate Hannah Thomas during an anti-Israel protest in south-west Sydney (see above).

The 35-year-old alleges she was punched by a male officer, causing a serious injury to her eye as police tried to arrest her for failing to comply with a move-on direction. A 33-year-old male senior constable attached to a specialist command was issued a court attendance for assault occasioning actual bodily harm.

In early September 2025, prosecutors dropped all charges against Thomas in relation to the unauthorised protest and she was awarded around AUD 22,000 (USD 14,504) in legal costs.

Thomas's lawyer Peter O'Brien welcomed the charge being laid. He said his client's injuries were "extremely serious" and her long-term prognosis was unclear.

Headded: "The senseless violence and ruthless conduct of police towards this small group of peaceful protesters, including Ms Thomas, is a sharp indictment on the way in which government and police are manoeuvering to criminalise and suppress protest and dissent in this state: this is of significant concern for all interested in the preservation of democracy in NSW."

University of Melbourne breached privacy by tracking protesters' Wi-Fi location

In August 2025, the University of Melbourne was found to have breached Victoria's privacy laws by using information to track students involved in a 2024 pro-Palestinian protest.

According to the state's deputy information commissioner, the university has breached two information privacy principles (IPPs) in the way it used "a combination of student Wi-Fi location data, student card photographs and CCTV footage to identify" student protesters.

Following a sit-in protest at the university's Arts West Building on the Parkville campus in May 2024, the university's vice-chancellor instructed everyone occupying the building to leave the premises. According to the report by the Office of the Victorian Information Commissioner (OVIC), some demonstrators ignored the direction, resulting in the university starting an investigation into potential student misconduct. The university identified 20 students and started misconduct proceedings against them.

After media reports in July 2024 revealed the university had tracked protesters using CCTV and Wi-Fi data, the Privacy and Data Protection deputy commissioner launched the investigation.

Expression

Whistleblower Richard Boyle given no-conviction sentence

In August 2025, whistleblower Richard Boyle was spared jail after exposing unethical debt collection practices at the Australian Taxation Office (ATO).

Judge Liesl Kudelka sentenced Boyle, 49, in the South Australian district court on 28th August 2025, seven years after the former debt collection officer went public with allegations that led to reforms within the ATO.

In a plea deal with prosecutors, the Adelaide man admitted four criminal charges, reduced from the original 66 laid after he appeared on the ABC’s Four Corners programme. Boyle received no conviction on all four counts, no penalty and a AUD 500 (USD 329) 12-month good behaviour bond.

Kieran Pender, Associate Legal Director at the Human Rights Law Centre, said: “Today concludes a sorry saga that has been devastating for Richard Boyle and undermined Australian democracy. While the no-conviction sentence is a small ray of light, this never should have happened. Richard Boyle made the brave decision to speak up when he witnessed wrongdoing, for years he has faced prosecution and punishment.”

As previously documented, Boyle is a former Australian Taxation Office (ATO) employee who blew the whistle on aggressive debt recovery practices targeting small businesses, which ultimately led to several reviews and policy reform. He initially raised his concerns internally in accordance with the federal Public Interest Disclosure Act, but after nothing was done he went to the media, which is also in accordance with the Public Interest Disclosure Act.

Proposal to establish a new Whistleblower Ombudsman

In early September 2025, the Albanese Government announced a public consultation on stage two reforms to the Public Interest Disclosure Act 2013, including the proposal to establish a new Whistleblower Ombudsman within the Office of the Commonwealth Ombudsman.

This was welcomed by Transparency International Australia (TI Australia) and the Human Rights Law Centre.

Professor A.J. Brown, Chair of Transparency International, said: “The creation of a Whistleblower Ombudsman is an important step, but it must be well resourced, and prioritise support, protection and prevention. Consideration should also be given to be able to administer a rewards scheme to properly compensate people with the costs associated with speaking up.”

Kieran Pender, Acting Legal Director at the Human Rights Law Centre said: “The proposed establishment of a new Whistleblower Ombudsman is a promising step that could make a real difference. We will watch closely for the detail and continue to advocate for a dedicated Whistleblower Protection Authority to oversee public and private sector whistleblowing”.

Journalist wins unfair dismissal case for online comments on Gaza

On 25th June 2025, Antoinette Lattouf won her unfair dismissal case against the Australian Broadcasting Corporation (ABC) in the Federal Court. Justice Darryl Rangiah found that Lattouf had been sacked for her political opinions, given no opportunity to respond to misconduct allegations and that the ABC breached its Enterprise Agreement and section 772 of the Fair Work Act.

The Federal Court also found that ABC executives — then-chief content officer Chris Oliver-Taylor, editor-in-chief David Anderson and chair Ita Buttrose — had sacked Lattouf in response to a pro-Israel lobby pressure campaign.

As previously documented, senior management at the ABC summarily terminated journalist Antoinette Lattouf on 19th December 2023, apparently because she had posted critical comments on Israel’s attacks on Palestinians in Gaza. Among the posts was an Instagram post from Human Rights Watch that said, “The Israeli government is using starvation of civilians as a weapon of war in Gaza”. Lattouf is a Lebanese Australian social commentator, columnist and diversity advocate. She is a contributor to various outlets including the Guardian, and is the co-founder of Media Diversity Australia.

Concerns over amendments to increase barriers to access information

In early September 2025, attorney general Michelle Rowland introduced a bill to amend the Freedom of Information Act 1982 which, if passed, will rein in the capacity to obtain official government documents under freedom of information (FOI) laws.

Introduced on 3rd September 2025, the Freedom of Information Amendment Bill 2025 will serve to expand exemptions for the supply of documents related to cabinet, prohibit the ability to make FOI requests anonymously, limit the viability of requests to those that can be undertaken in under 40 hours, as well as introducing the imposition of a service fee.

Rowland suggested that due to the onset of “digital communications”, the volume of requests has skyrocketed and must be reined in.

In response, Senator David Shoebridge, Greens spokesperson for Justice said: “FOI is broken and rather than fixing it, Labor is seeking to make it more expensive and even more impenetrable. Instead of addressing the fundamental secrecy problems inside the government, Labor has instead decided the issue is with the people trying to access information.”

Environmental activists avoid jail over protest at Woodside's Perth headquarters

In July 2025, it was reported that three environmental protesters had avoided going to prison over the release of stench gas that forced the evacuation of Woodside Energy's headquarters in Perth.

The release of the gas caused more than 1,000 people to leave the 29-storey building in West Perth in June 2023, with some complaining of physical reactions.

Kristen Morrissey, Joana Partyka and Emil Davey had all pleaded guilty to creating a false belief, while Morrissey had also admitted to a charge of causing poison to be administered.

Judge Cormann accepted the three were motivated to bring attention to the environmental cause they were committed to, but said what they had done represented "forthright defiance of the law".

Morrissey, 51, was given an 11-month prison sentence, suspended for 18 months. Partyka, 40, was given a seven-month prison sentence, suspended for 12 months. Davey, 23, was placed on a community-based order which will include 50 hours of unpaid work.