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New South Wales Anti-Protest Law Ruled Unconstitutional

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On October 16, 2025, the New South Wales Supreme Court ruled that a law granting police expanded powers to disperse protesters near places of worship was unconstitutional.

The ruling followed a challenge by the Palestine Action Group (PAG) against the state government’s new law passed in February 2025. PAG’s lawyers argued that the vague wording of the law made it difficult for both protesters and law enforcement to clearly understand its scope. As a result, many people might self-censor and refrain from political protests in public spaces for fear of being removed or charged.

The law was part of a broader set of reforms introduced by the state government in response to recent antisemitic incidents. One provision prohibited obstructing the entrances of places of worship or harassing, threatening, or intimidating people entering these places, with violations carrying a maximum two-year prison sentence. The law also gave police “move-on” powers near or inside places of worship, regardless of whether the protest targeted the religious site itself.

Justice Anna Mitchelmore ruled that the law placed an “impermissible burden” on the freedom of political communication implied in the Australian Constitution. The “in or near” move-on powers were not limited to protests directed at the religious site, making the law overly broad and creating a chilling effect on lawful protests.

The state argued that the law had an “obvious and legitimate purpose” of protecting worshippers from verbal or physical harassment, threats, or intimidation. Michael Sexton SC, representing New South Wales, contended that the “in or near” wording applied only to protests directly targeting the site. However, Mitchelmore noted that the law was aimed at protests in general, not only those involving an immediate threat or harassment. In areas of civic significance, such as Town Hall or Hyde Park, protest routes often pass close to places of worship, and the law imposed burdens beyond what the Constitution permits.

PAG spokesperson Josh Lees said after the ruling that the group had never staged protests targeting religious sites, and the law extended police powers to any protest near such locations. NSW Greens MP Sue Higginson criticized the government for overreaching and restricting civil liberties under a climate of panic.

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NDIS Plans to Be Computer-Generated

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Australia’s National Disability Insurance Scheme (NDIS) will undergo major reforms in mid-2026, with participants’ funding packages and support plans to be generated by computer programs, leaving staff with no discretion to alter them.

The new model, known as the I-CAN Planning Tool (Instrument for Classification and Assessment of Support Needs, Version 6.0), was developed by the University of Melbourne and the Centre for Disability Studies, and has been used in Australia’s disability sector for the past 20 years. The National Disability Insurance Agency (NDIA) says the tool will improve plan consistency, reduce human error, and cut the cost and time participants spend gathering medical evidence.

Under the new system, the Administrative Review Tribunal (ART) will no longer be able to directly amend plans; instead, it can only send a plan back to the NDIA for reassessment. Assessors will be Level 6 employees in the Australian Public Service. Initially, assessors will be hired internally by the NDIA, and although backgrounds in allied health or lived disability experience will be considered an advantage, they are not required.

The new assessment process includes a semi-structured conversational interview and a questionnaire. When needed, targeted specialist assessments will be conducted—for example, for home modifications, assistive technology, or hospitalisation/compensation-related factors. The NDIA says delegates will be responsible for confirming whether the computer-generated plan meets a participant’s needs.

The reform will significantly reduce human involvement in plan creation and will change the appeals process. The NDIA emphasises that participants can still request a reassessment, and if they remain dissatisfied, they may appeal to the ART. However, third parties will not be allowed to intervene in the assessment process.

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Victorian Government U-Turns, to Criminalize “Coercive Control”

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The Victorian government has announced it will introduce a standalone criminal offence for “coercive control” in 2026, marking a major policy reversal. Previously, the Labor government led by Premier Jacinta Allan maintained that existing family violence laws already covered coercive control and rejected opposition proposals to legislate specifically on the issue.

Last week, newly appointed opposition leader Jess Wilson made creating a coercive control offence her first commitment for the 2026 state election, promising that if the Coalition wins, the law would be introduced within her first 100 days in office. After the Liberals submitted bills to both houses of the state parliament this week, the government shifted its stance. Attorney-General Sonya Kilkenny acknowledged that “more must be done,” admitting that current laws remain insufficient to protect victims.

The government emphasized it will roll out its own legislative version in 2026, but the process will involve thorough consultation to avoid unintended legal consequences. Although Labor voted against the Liberal bill in the lower house, it supported a separate Liberal motion in the upper house to “expedite” coercive control laws.

Coercive control involves behaviors such as isolation, monitoring, gaslighting, and economic control, typically perpetrated by male offenders against female partners.

The government is also advancing another family violence reform, including setting a two-year minimum term for intervention orders, ensuring protection continues for children after they turn 18, and expanding the definition of family violence to include stalking, systemic abuse, and animal cruelty.

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Victoria Police Admit Eight Years of Illegal Weapons Searches

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Victoria Police recently admitted that over the past eight years, many of their weapons searches did not comply with legal procedures. Internal audits found at least 23 searches were illegal, potentially affecting hundreds of people, with 33 already prosecuted or fined.

The illegal actions were mainly administrative oversights, such as failing to publish required government notices or conducting searches outside designated times or events. Police emphasized that most of the approximately 200 searches over the eight years were still lawful. Affected individuals are being notified and assisted in appealing fines if applicable. The matter has been reported to the Independent Broad‑based Anti‑corruption Commission (IBAC), and police said they will strengthen internal procedures.

Critics warned that non-compliant operations highlight excessive police powers, lack of accountability, and risks to vulnerable groups, calling for stricter regulation and oversight of police “designated area search powers.”

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