We as faith communities are concerned about the possible effect on the right to protest of efforts to protect worshippers from harassment in their regular place of worship. 

We agree that people who are going into or out of a place of worship, or who are worshipping inside, should be able to do so safely, free of harassment, intimidation and violence. Acts of violence against places of worship or multicultural communities are abhorrent and should be treated with the utmost seriousness. However, instances of violence, harassment or intimidation in the vicinity of religious institutions are already covered by existing legislation, including prohibitions on intimidating individuals in the Crimes Act and inciting hatred against individuals based on their religion in the Anti-Discrimination Act. 

Public protests in New South Wales or anywhere else should not be conflated with harassing worshippers. We believe restrictions on the right to protest should be kept to a minimum because of the importance of public protest actions for helping create a more ethical, just, peaceful and environmentally safe society. For people of faith, this can be an integral part of living out our values, leading many of us to participate in protest movements, including political expression outside our own and other places of worship.

The legislation currently proposed captures a broad range of behaviour that could potentially be perceived as harassment or preventing people from entering a place of worship, meaning common protest actions like chanting or standing near the entrance of a place could conceivably expose community members to charges that carry 2 years imprisonment. We are also concerned that the additional move on powers contained in the legislation will lead to the over-policing of peaceful protests.

If badly worded or poorly implemented, legislation to protect worshippers could effectively restrict the freedom of faith communities to express their support for social and environmental causes, from calling for an end to approvals of new coal and gas projects, to condemning child sex abuse by clergy, to standing up for the rights of refugees. 

We also note that many places of worship are located near common protest locations, such as Sydney Town Hall and Hyde Park, as well as in town and city centres around NSW. Any restrictions on protests in these locations would have a serious impact on the capacity of all communities in NSW to express their views.

We urge that, in your legitimate concern to protect worshippers, you do not  introduce legislation that may have the unintended consequence of preventing faith communities from speaking out against the wrongs they see around them. 

Unnecessary restrictions on the right to peacefully protest not only makes our society less democratic, they will also lead to our society becoming less equitable, less ethical, and more unsafe. Public participation and having a say through protest and political communication are crucial to a just society.

We call on the Minns Government to address violence against multicultural communities through targeted, well-thought-out reform rather than restrictions that could impact peaceful protest. We understand that efforts have been made to consult stakeholders, eg, the Faith Affairs Council, however this legislation should be considered by a committee and subject to a wider consultation process with a variety of faith, legal and civil society bodies.

Yours faithfully

Dr Doug Hewitt AM

On behalf of Christians for Peace Newcastle 

Rev Dr Josephine Inkpin

Minister with Pitt Street Uniting Church Congregation, recently retired

Rev Dr Steve Bevis

Minister with Burwood-Croydon Uniting Church Congregations 

Rabbi Jonathan Keren-Black OAM, Narara Ecovillage, NSW

Rev Meredith Williams

Minister with Wentworthville Uniting Church Congregation

Ven Bhante Sujato Bikkhu

Founder of SuttaCentral

‘Alopi Latukefu

Director, Edmund Rice Centre

Wies Schuiringa  

On behalf of Religious Society of Friends, Quakers NSW

Rev Dr Patrick McInerney 

Director, Columban Centre for Christian-Muslim Relations

Jan Barnett rsj                                                                                          

Josephite Justice Coordinator, Sisters of Saint Joseph

Rev Andrew Collis                                                                                   

Minister with South Sydney Uniting Church Congregation

Gershon Nimbalker

National Director, Common Grace

Thea Ormerod

President, Australian Religious Response to Climate Change