The WA State Government is set to introduce new legislation to Parliament this week that will give WA Police the power to refuse protest permits where rallies are likely to promote hate based on religion, race, disability, gender, sexuality, or ethnicity.
The Public Order Legislation Amendment Bill, to be introduced on Tuesday, February 17th, marks the first Parliamentary sitting for 2026 and comes two months after the deadly terror attack in Bondi that killed members of Sydney’s Jewish community during a religious holiday celebration.
Police Minister Reece Whitby said, “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.”
What the new laws mean for WA
The legislation is designed to strike a balance between the right to lawful assembly and the need to target behaviour that crosses into harassment, violence, and intimidation. Under the new laws, public safety will become the primary consideration when police assess applications for demonstrations or protest marches.
Premier Roger Cook commented, “Giving WA Police the powers to protect Western Australians from hate-fuelled protests in our streets is central to that commitment [to building safe and inclusive communities through effective law reforms] 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.”
Building on Western Australia’s ban on Nazi symbols almost two years ago, the Bill extends the prohibition to symbols of all organisations outlawed under Commonwealth legislation, including flags from terrorist organisations. For the first time, the ban will also apply to juveniles who display such symbols.
Face coverings worn in public to intimidate or cause fear will also be banned under the new laws, with exemptions in place for health, occupational safety, religious, cultural, or artistic purposes. It will also become an offence to knowingly provide false or misleading information when applying for a protest permit.
The existing right to appeal permit rejections to the State Administrative Tribunal will remain as a safeguard.
