2025-07-07
Greens MP Sue Higginson has made a formal complaint to the Law Enforcement Conduct Commission (LECC) alleging misconduct by police officers involved in the arrests in Belmore on 27 June 2025, and the invocation of emergency powers in arrest documents.
The extraordinary emergency powers designed to quell riots and other situations that give rise to a serious risk to public safety are purportedly to have been invoked in justifying the arrest of Hannah Thomas, where she was significantly injured by police, at a peaceful pro Palestine community assembly. The powers were introduced following the Cronulla Riots in 2005, and can only be used after an authorisation is given by an Assistant Commissioner or above of the NSW Police. When an officer exercises these powers after being authorised, any person given the direction must be informed that the direction is to prevent or control a public disorder.
Greens MP and Spokesperson for Justice Sue Higginson said “The appearance of these emergency powers on the arrest documents for Hannah Thomas is very revealing and deeply concerning, considering that an Assistant Commissioner or above must have authorised their use and that they must have believed that a large-scale public disorder was about to take place.”
“The other possibility for these emergency powers to be mentioned, is that the NSW Police are currently engaging in reverse engineering evidence to justify the assault of an innocent member of the community - something that we call corrupt.”
“At no point over the last 10 days have any of the Police, the Premier, or the Minister for Police referred to public disorder, let alone large-scale public disorder. What we have seen instead, is a series of statements from the Premier Chris Minns and Assistant Commissioner Brett McFadden that are inconsistent with the evidence from the day, evidence clearly shows that police officers acting above the law.”
“There was no evidence whatsoever to form the basis to invoke the extraordinary police community control powers, the event was intended and was in fact a small lawful gathering of people protesting about SEC Plating and the genocide taking place in Gaza.”
“The LECC is responsible for investigating complaints of misconduct against police officers, and that’s why I have written to the Commissioner of the LECC today, making a complaint to them that certain police officers have engaged in serious misconduct in relation to these arrests.”
“It is the responsibility of the Commissioner for Police to notify the LECC if they suspect serious misconduct has occurred by a police officer, but the law allows for any person to make a formal complaint as well - I have taken this step today because the evidence here points to an active attempt to reverse engineer a justification for unlawful actions by the police."
“The criminal and civil justice processes will continue for the survivors of this incident, but the evidence of serious misconduct by some officers in the NSW Police must be investigated independently by the LECC. Without accountability, the use of extraordinary emergency powers unlawfully is a significant step towards unjustified and unlawful punishment of legitimate and genuine peaceful protest, and will have a chilling effect on our constitutional right to political expression,” Ms Higginson said.
For media contact: Sue Higginson on 0428 227 363 or Dan Reid on 0421 926 233
BACKGROUND:
public disorder means a riot or other civil disturbance that gives rise to a serious risk to public safety, whether at a single location or resulting from a series of incidents in the same or different locations.
An authorisation for the exercise in a public place of the special powers conferred by this Division may be given in accordance with this Division if the police officer giving the authorisation has reasonable grounds for believing that there is a large-scale public disorder occurring or a threat of such a disorder occurring in the near future, and is satisfied that the exercise of those powers is reasonably necessary to prevent or control the public disorder.
An authorisation may be given by the Commissioner of Police or by a Deputy or Assistant Commissioner of Police. The power conferred by this section cannot be delegated.
If the authorisation is given orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so.
For the purpose of complying with Part 15, the police officer giving the direction must inform the person or persons to whom the direction is given that the direction is given for the purpose of preventing or controlling a public disorder.
Historical context:
Part 6A of LEPRA was introduced in response to the Cronulla Riots, with the convening of an emergency sitting of NSW Parliament. At the time, Premier Iemma Morris stated that:
“These powers are not intended to be used in respect of peaceful protests, union demonstrations and the like.”
“The police can be assured that they have our full support to use these new laws to rid our streets of the violence, the thugs, the hooligans and the criminals who have been responsible for the actions we have seen.”
The Legislation Review Digest noted that the emergency powers under the bill could ‘have the potential to significantly trespass on the personal right of peaceful assembly.’
The Committee said that ‘The Bill trespasses, to a significant degree, on a number of fundamental rights and liberties, recognised under common law and international law.’
The 2007 Ombudsman review of the emergency powers legislation recommended that ‘Parliament consider whether further safeguards are required in Part 6A of LEPRA to provide an assurance of the right to peaceful assembly, similar to that set out in section 200 of LEPRA.’
In effect, the emergency powers have been misused by NSW Police on at least one occasion of genuine, peaceful protest. The powers were invoked at the 2008 Camp for Climate Action protest against the expansion of the Newcastle coal port, with the Ombudsman ultimately reporting that Part 6A powers of LEPRA were not misused because police had “genuine and well documented grounds for concern” about the likelihood of violent confrontation and authorisation was given“only after police were alerted to an apparent attempt to derail a coal train”. However, the Ombudsman noted that ‘The police authorisation to use Part 6A powers for the Camp for Climate Action protest at Newcastle highlights the need for transparent standards about when an otherwise peaceful assembly’.
‘The second reading speech makes it clear that ‘public disorder’ is not intended to include peaceful protests. It is restricted to riots or similar situations.’ (NSWPF, Public Order Management Handbook, 2008).
Part 6A of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) has not been used since March 2011, according to the most recent LECC Annual Report 2022-23.