Protesters are heading to court to fight for their right to demonstrate against what a senior federal minister has conceded is a “contentious” Australian visit by Israel’s president, Isaac Herzog.
Herzog is due to begin his Australian tour on Monday, meeting with politicians, Jewish leaders, and the families of the Bondi massacre victims.
Rallies have been organised in capital cities nationwide, with police in Sydney vowing to come down hard on unauthorised protest action.
However, protest organisers, the Palestine Action Group, have flagged an urgent NSW Supreme Court challenge after Premier Chris Minns formally declared the visit a major event, granting police extra powers to block movement in the city centre.
“We are taking Chris Minns to court again… he has imposed sweeping search, exclusion and conduct restrictions across our city in an attempt to shut down dissent,” group spokesperson Josh Lees said on Sunday.
“Instead of defending human rights, the NSW government is using emergency-style powers to shield a visiting head of state from public scrutiny, and accountability.”
The group will file its challenge on Monday morning and request an urgent hearing, arguing the powers are excessive, unjustified and unlawful.
Police have been negotiating with the protesters, asking them to alter their route outside a restricted zone through the heart of Sydney. The protesters have denied that request, insisting they will gather at Sydney Town Hall before marching to NSW Parliament.
Acting Assistant Commissioner Paul Dunstan said police were worried about the chance of conflict between officers and protesters, although organisers had gone to “great efforts” to highlight their desire for a peaceful event.
Prime Minister Anthony Albanese invited Herzog to visit in the wake of December’s antisemitic terror attack, during which 15 people were killed.
Treasurer Jim Chalmers accepted the Israeli president’s presence in Australia was controversial but called for calm among furious protesters. Along with human rights campaigners and the Greens, they have called for his invitation to be rescinded due to his alleged culpability in Israel’s bombardment and the starvation of Palestinians in Gaza.
“This visit is contentious and it will invite a range of views, and some of those views will be strongly held,” Chalmers told ABC’s Insiders on Sunday.
The government has confirmed Herzog will not address parliament during his visit. However, opposition frontbencher Tim Wilson said the president should be invited to make an address, accusing the government of “hiding” the visit despite Albanese’s plan to accompany Herzog for parts of the trip.
Herzog has defended the tour, saying it is important to the Australian Jewish community reeling from the attack. He previously suggested Palestinians bore collective blame for the Hamas-led attack on Israel on October 7, 2023, before later clarifying his remarks.
A United Nations Human Rights Council commission of inquiry in September found the statement might reasonably have been interpreted as inciting genocide. Herzog vehemently denies allegations that his remarks amount to incitement, saying they were taken out of context.
A number of legal experts have argued Australian authorities have an obligation to investigate alleged war crimes when he arrives in the nation, based on international law.
Federal police have confirmed that Herzog will be protected from arrest and other legal proceedings under head of state immunity provisions during his visit.
The NSW government’s special event public-safety arrangements will bolster the number of police deployed during Herzog’s visit, while anyone who fails to comply with directions will face penalties that include fines of up to $5,500.
