Some New South Wales councils are asking community protest organisers to hold public liability policies worth up to $20 million before they can rally on council land, a new report says, putting insurance requirements at the centre of a debate over the right to protest.
The report, released Wednesday and co-authored by the Australian Democracy Network (ADN) and Deakin University’s Centre for Law as Protection, raised concerns about councils requiring insurance for rallies and about their power to issue financial penalties when gatherings go ahead without a permit, Guardian Australia reported.
In July, Mariella Gussoni notified Bathurst Regional Council of a protest in a local park against the culling of brumbies in Kosciuszko National Park. The council replied it would allow the event on condition she take out a $20 million public liability policy, and said it would not be liable for any loss or injury, according to correspondence seen by Guardian Australia.
Gussoni, 61, instead held the rally, attended by an estimated 120 people, on the adjoining footpath, which is not council land, after notifying police. A Bathurst spokesperson said the council engaged with the organisers at the time and would not comment further.
Bathurst’s published insurance policy, last reviewed in November 2024 and due for review again in November 2026, sets $20 million as its minimum for contractors, event promoters, hirers and stallholders, with listed exceptions. The policy does not mention protests.
In Queanbeyan, organisers of a protest on the same issue, involving 16 horses and speeches in a park, were also told they needed insurance, the ADN said. They were first quoted $5,000 for cover that included the horses, but the figure fell to $330 after participant waivers were secured.
Last week, Bayside Council told a group opposing a proposed $2.9 billion datacentre on Sydney’s Cooks River that it needed public liability insurance for a rally at Cahill Park in Wolli Creek, and an event application that would take eight weeks to assess because the rally included food, a film and amplified sound.
The group went ahead without applying after pro bono legal advice. Organiser Caitlin Boyce said the council has not been in touch. A Bayside spokesperson said the council was not opposed to the gathering, but that planned activities, which it said included a barbecue and smoking ceremony, amounted to an organised event subject to approval requirements. Local Government NSW and the Office of Local Government were approached for comment.
The report said protest is unlawful or unprotected in most Australian jurisdictions without permission from police, councils or place managers. It called for permit systems to work as notification rather than authorisation, and recommended no insurance requirements. NSW carries a $2,200 fine for holding a gathering on council land without a permit, a default under the Local Government Act.
Tim Roberts, president of the Council for Civil Liberties, called the insurance demands “a blatant contravention of the right to protest” and likened them to a user-pays approach to policing. ADN campaigner Anastasia Radievska said such red tape could discourage people from speaking up on local issues.
The insurance industry has raised a related concern. In a March submission to a federal inquiry, the Insurance Council of Australia (ICA) said requirements set too high or out of proportion to the risk can make council facilities unaffordable for community groups. It said councils should scale requirements to the activity, review them regularly and avoid indemnity clauses that shift third-party liability onto groups. Claims under such extended indemnities typically would not be covered by a public liability policy, the ICA said, a point relevant to brokers reviewing hire agreements.
The ICA has said average public liability costs have risen 55% to 60% since 2019, outpacing inflation, though it said premium growth stabilised in 2025.
The Parliamentary Joint Committee on Corporations and Financial Services is due to report on its small business insurance inquiry on October 27, according to Parliament’s website. Hearings have included lawyers contesting liability changes, and any government response could affect pricing and product structures for small business and not-for-profit clients.
