The Human Rights Law Centre has raised serious concerns about the violent arrest of Hannah Thomas and the wider erosion of protest rights in NSW, to the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association.

The correspondence warns:

• the NSW “protest permit” Form 1 system is being increasingly misused as a protest  authorisation system, forcing protest organisers to seek police approval or face significant financial penalties and/or imprisonment;

• NSW Police have unchecked discretion to determine which protests receive legal protection and which do not; and

• the dangerous consequences of these powers seen most starkly in Ms Thomas’ violent arrest, where the absence of a Form 1 was used as the basis for dispersal and arrest, with serious consequences for her safety.

The Human Rights Law Centre calls on the Special Rapporteur to have the Australian Government explain how the Form 1 system and NSW’s anti-protest regime is compatible with Australia’s human rights obligations.

David Mejia-Canales, Senior Lawyer at the Human Rights Law Centre said: 

“Our right to protest peacefully, is fundamental to our democracy – but we are seeing the dangerous consequences of NSW’s anti-protest regime.

“NSW has some of the most restrictive anti-protest laws in the country, which have set the tone for heavy-handed, violent policing and the repressive treatment of peaceful protesters.

“It’s clear that the NSW Police are weaponising the Form 1 permit system to shut down our right to protest peacefully, with their broad discretion to control and restrict peaceful protests having serious impacts on people’s safety.

“Our right to protest must be protected. The Form 1 “permit” system and NSW’s anti-protest regime are incompatible with Australia’s human rights obligations, and the laws must be repealed urgently.”

Background

Australia has a long and proud history of peaceful protests driving social change – from women’s right to vote, to First Nations land rights, and the rights of working people through a strong tradition of trade unionism.

The right to protest has come under attack by governments and institutions over the last two decades, with NSW having passed the most anti-protest laws across Australia, including laws passed in February 2025 giving police sweeping new powers, criminalising a wide range of activities near places of worship, including peaceful protests.

On 27 June 2025, Hannah Thomas sustained severe injuries to her right eye, and may never regain sight in that eye after being violently arrested at a peaceful pro-Palestine protest in Sydney.

Read the full correspondence to the UN Special Rapporteur here.