Race Hate Protests Curbed, Peaceful Rallies Safeguarded
New laws to be introduced to Parliament this week by the Cook Government will give WA Police the power to refuse a permit to protest if it's likely to promote hate based on factors such as religion, race, disability, gender, sexuality or ethnicity.
The Public Order Legislation Amendment Bill strikes a balance between the right to lawful assembly while targeting behaviour that crosses the line into harassment, violence and intimidation.
It will be introduced to Parliament on Tuesday, 17 February - the first Parliamentary sitting for 2026 and two months after the terror attack in Bondi, which killed members of Sydney's Jewish community who were celebrating a religious holiday.
Western Australia already has the toughest hate speech penalties in Australia, and this legislation strengthens existing powers to foster community safety. The Bill makes clear that public safety is the main consideration when police consider applications for demonstrations or protest marches.
Following Western Australia's ban on Nazi symbols almost two years ago, the Bill extends this prohibition to symbols of all organisations that are outlawed under Commonwealth legislation, including flags from terrorist organisations.
For the first time, it will also apply to juveniles who display the symbols.
Face coverings that are worn in public to intimidate or cause apprehension in others will also be banned, with exemptions applying for health, occupational safety, religious, cultural or artistic purposes.
It will become an offence to knowingly provide false or misleading information in an application for a protest.
The existing right to appeal permit rejections to the State Administrative Tribunal will remain as a safeguard to protect the right to demonstrate.
As stated by Premier Roger Cook:
"My government is committed to building safe and inclusive communities through effective law reforms.
"Giving WA Police the powers to protect Western Australians from hate-fuelled protests in our streets is central to that commitment and ensuring social cohesion.
"These laws maintain a balance between the preservation of the right to public assembly and banning protests which fuel division and hate in our community."
As stated by Attorney General Dr Tony Buti:
"The deadly terror attacks in Bondi shocked the whole of Australia and sparked a re-think of Western Australia's laws.
"Demonstrations by groups such as by neo-Nazis, which promote divisiveness and hate must never be acceptable and police should have the power to refuse them.
"This government wants to ensure the right to peacefully protest is protected, in line with democratic principles and Australia's Constitution and this legislation strikes the right balance."
As stated by Police Minister Reece Whitby:
"The Western Australia community has long practised peaceful protests and assemblies. We haven't seen the type of aggression, violence, and confrontations that we have seen on the East Coast.
"The WA Police work closely with the organisers of protests and assemblies to ensure that they are able to exercise their constitutional rights, in a safe and responsible manner.
"These laws will only continue to foster mutually respectful relationships between organisers, the Police and the wider WA community.
"I want to thank all Western Australians for the way they conduct themselves in a safe and respectful manner at protests and I want to thank every WA Police officer who ensures their safety."
https://www.wa.gov.au/government/media-statements/Cook Labor Government/Race-hate-protests-targeted,-peaceful-rallies-protected-under-reform-20260215
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