Former attorney general Mark Dreyfus has called on governments to consider banning protests outside synagogues and Jewish schools, invoking a high court decision that allowed restrictions outside abortion clinics. The federal Labor backbencher told the antisemitism royal commission that these laws could reduce distress and anxiety for Jewish Australians attending places of worship or education.
High Court Precedent for Safe Access Zones
Dreyfus referenced a 2019 high court decision that upheld safe access zone laws in Victoria and Tasmania, which prohibit protests within 150 metres of abortion clinics. “The high court said that kind of law directed at reducing distress and anxiety to Australians who need to attend an abortion clinic is within the constraints of the implied freedom of political communication,” he explained on Monday.
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Protecting Jewish Australians from Protest Activity
“It’s time to consider whether we need some similar restriction on protest activity outside synagogues, on protest activity outside schools and Jewish places of gathering,” Dreyfus said. He emphasized the goal is not to ban political protest but to protect Jewish Australians from targeted intimidation.
| Location | Current Protest Restrictions | Proposed Change |
|---|---|---|
| Abortion clinics (Victoria, Tasmania) | 150-metre safe access zone | Already in effect |
| Synagogues and Jewish schools | No federal restrictions | Similar safe access zones |
| Places of worship (NSW) | Laws blocking or threatening access | Reintroduced in 2023 after being struck down |
Security Concerns for the Jewish Community
The royal commission’s fifth block of hearings in Melbourne this week examines security arrangements for the Jewish community, including the role of the Jewish Community Security Group (CSGs) and their coordination with law enforcement. Counsel assisting Richard Lancaster SC noted evidence showing “a substantial and ongoing threat to the safety and security of the Jewish community in Australia,” leading to a “shrinking of Jewish communal life” due to the financial burden of employing security guards.
Impact of October 7 Attack on Israel
Dreyfus, who is Jewish, told the commission that following Hamas’s 7 October 2023 attack on Israel, he had been shocked by the “breach of that sense of safety” previously created by providing asylum. The proposed protest bans aim to restore that safety for Jewish Australians.
- Key Takeaways: Dreyfus calls for safe access zones outside synagogues and Jewish schools.
- High court precedent from abortion clinic protests supports the legal framework.
- NSW reintroduced laws restricting protests blocking places of worship.
- Jewish community faces ongoing security threats and financial strain.
- Royal commission hearings focus on CSG coordination and law enforcement.
FAQ
What protest restrictions did Mark Dreyfus propose?
Dreyfus proposed banning protests outside synagogues and Jewish schools, similar to safe access zones around abortion clinics, to reduce distress and anxiety for Jewish Australians.
What high court decision supports this proposal?
The 2019 high court decision upholding safe access zone laws in Victoria and Tasmania, which prohibit protests within 150 metres of abortion clinics, serves as the legal precedent.
How does the Jewish community currently ensure security?
The Jewish Community Security Group (CSGs) coordinates with law enforcement, but the financial burden of employing security guards has led to a shrinking of Jewish communal life.