Decision Maker: Council
Decision status: Recommendations Determined
Moved by Councillor Ellsmore, seconded by
Councillor Scott -
It is resolved that:
(A)
Council
note:
(i)
the
City of Sydney Council sometimes provides access to the NSW Police to Council buildings
when major events are taking place in the George Street vicinity or across the
City. These events include Mardi Gras, Vivid, and the New Years Eve fireworks;
(ii)
on 21
October 2023, for the first time the NSW Police requested – and were granted
access – to the Marconi Room connected to the Sydney Town Hall, for the
purposes of policing a democratic protest planned in front of or near the
Sydney Town Hall;
(iii)
the NSW
Police were granted access a second time on 29 October 2023 to the Marconi Room
connected to the Sydney Town Hall;
(iv)
on both
occasions, access was granted free of charge with the hire fee of $3,360 being
waived; and
(v)
no
Councillors were consulted about the decision made to provide access, and the
Council has no policy on when and if police will be provided access to the
Sydney Town Hall or other Council spaces;
(B)
Council
affirm that:
(i)
Council
buildings and Sydney Town Hall in particular play an important role in
supporting local democracy. This includes the right for the community to
peacefully protest as noted in Council decisions this term including on:
(a)
21
November 2022 - Protecting the Right to Peaceful Non-Violent Protest in NSW;
(b)
12
December 2022 - Supporting Peaceful Protest in the City;
(c)
13
March 2023 - Recent Police Intimidation of Peaceful Protesters in the City of
Sydney; and
(d)
3 March
2023 - Restriction of Peaceful Protests at Sydney Town Hall;
(ii)
it is
not appropriate that Sydney Town Hall and related buildings be used by NSW
Police to support policing of democratic protests, including surveillance of
democratic protests;
(C)
Council
agree that, in the event that police approach the City of Sydney Council in the
future and ask to use the Sydney Town Hall or Council buildings for policing
protests or related democratic activities, this access should be refused
unless:
(i)
approved
by the elected Council; or
(ii)
where
the request is urgent and is in the public interest, approved by the Lord
Mayor; and
(D)
the
Chief Executive Officer be requested to advise relevant Local Area Commands and
contacts within NSW Police of this Council decision.
The motion was lost on the following show of
hands –
Ayes (3) Councillors
Ellsmore, Scott and Weldon
Noes (7) The Chair (the
Lord Mayor), Councillors Chan, Davis, Gannon, Jarrett, Kok and Worling.
Motion lost.
X086659
Report author: Erin Cashman
Publication date: 11/12/2023
Date of decision: 11/12/2023
Decided at meeting: 11/12/2023 - Council
Accompanying Documents: