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Should it be a crime to wear a face covering, such as a mask, at a protest, unless it is for religious reasons?

Council only · 2 votes

Background

A 2025 Coalition bill proposed making it an offence (30 penalty units or 3 months' jail) to wear a face covering at a public protest other than for religious reasons, together with an optional police registration system for protests; the Council rejected it. When the Government's Justice Legislation Amendment (Police and Other Matters) Bill 2025 instead let police direct a protester to remove a face covering if they reasonably suspect an offence (with religious, cultural and medical excuses), the Coalition moved to add the same blanket offence; that amendment was also defeated. In December 2024 the then Premier, Jacinta Allan, had announced that face masks would be banned at protests; in November 2025 the Government instead proposed the narrower police power, saying "a complete ban has a very high likelihood of being challenged".

What each side said

Summarised from the debate in Parliament, with sources below.

For “agree”

Supporters said masks are used to hide violence and hate at protests and police need clearer powers: "if you are here to protest peacefully, you have nothing to hide" (David Davis, Liberal, 27 Aug 2025). The Coalition said the Government's ask-to-remove power could not be enforced during violent incidents (Evan Mulholland, Liberal, 2 Dec 2025); One Nation and Moira Deeming (now Family First) supported a ban. The Shooters also voted on this side.

For “disagree”

The Government said a blanket offence would catch peaceful protesters rather than those spreading hate, and preferred a targeted police power (Ryan Batchelor, ALP). The Greens called the amendment impractical to enforce and said people mask for health, safety or cultural reasons (Katherine Copsey, Greens, 2 Dec 2025); the Libertarian said a ban was superfluous given existing police powers and ignored health reasons (David Limbrick, 29 Oct 2025), and Legalise Cannabis and Animal Justice opposed it on right-to-protest grounds.

How the parties voted

Across the linked votes below. Second and third readings count five times as much as other votes. Parties are in alphabetical order. How this is worked out

How each party voted across the linked votes
Party Record Votes with a party position
Animal Justice Consistently against 2 of 2
Greens Consistently against 2 of 2
Labor Consistently against 2 of 2
Legalise Cannabis Consistently against 2 of 2
Liberal Consistently for 2 of 2
Libertarian Consistently against 2 of 2
Nationals Consistently for 2 of 2
One Nation Consistently for 2 of 2
Shooters, Fishers and Farmers Not enough votes 1 of 2

The votes behind this question

Each vote (division) recorded in Parliament that this question is based on, in date order.

29 October 2025 · Legislative Council

Safer Protest With A Registration System And A Ban On Face Coverings Bill 2025

Question put
11 SAFER PROTEST WITH A REGISTRATION SYSTEM AND A BAN ON FACE COVERINGS BILL 2025 — Debate continued on the question, That the Bill be now read a second time.
Result
Question negatived. Ayes 15, Noes 23.
Matches “agree”
An Aye vote
Weight
Strong: a second or third reading, counted five times
Why it's linked
Second reading (Council). Aye = support the bill; agree = Aye.
How each party voted on Safer Protest With A Registration System And A Ban On Face Coverings Bill 2025, 29 October 2025
Party Aye No Position
Animal Justice 0 1 No
Greens 0 4 No
Labor 0 15 No
Legalise Cannabis 0 2 No
Liberal 12 0 Aye
Libertarian 0 1 No
Nationals 2 0 Aye
One Nation 1 0 Aye
Shooters, Fishers and Farmers 0 0 Did not vote
Every name (Ayes 15, Noes 23) in the vote of 29 October 2025

Ayes (15)

Melina Bath, Gaelle Broad, Georgie Crozier, David Davis, Moira Deeming, Renee Heath, Ann-Marie Hermans, Wendy Lovell, Trung Luu, Bev McArthur, Joe McCracken, Nick McGowan, Evan Mulholland, Rikkie-Lee Tyrrell, Richard Welch

Noes (23)

Ryan Batchelor, John Berger, Lizzie Blandthorn, Katherine Copsey, Enver Erdogan, Jacinta Ermacora, David Ettershank, Michael Galea, Anasina Gray-Barberio, Shaun Leane, David Limbrick, Sarah Mansfield, Tom McIntosh, Rachel Payne, Aiv Puglielli, Georgie Purcell, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney, Sheena Watt

Official record: Minutes of the Proceedings Nos. 137, 138 and 139 (LC-60-138-01)

2 December 2025 · Legislative Council

Justice Legislation Amendment (Police And Other Matters) Bill 2025

Question put
Question — That the amendment be agreed to — put.
Result
Question negatived. Ayes 15, Noes 22.
Matches “agree”
An Aye vote
Weight
Normal
Why it's linked
Council committee vote on Coalition amendment No. 1 (Evan Mulholland, EM59C) to clause 80 of the Justice Legislation Amendment (Police and Other Matters) Bill 2025: "A person participating in a public protest must not wear a face covering other than for religious reasons." Aye = support the offence; agree = Aye.
How each party voted on Justice Legislation Amendment (Police And Other Matters) Bill 2025, 2 December 2025
Party Aye No Position
Animal Justice 0 1 No
Greens 0 4 No
Labor 0 14 No
Legalise Cannabis 0 2 No
Liberal 11 0 Aye
Libertarian 0 1 No
Nationals 2 0 Aye
One Nation 1 0 Aye
Shooters, Fishers and Farmers 1 0 Aye
Every name (Ayes 15, Noes 22) in the vote of 2 December 2025

Ayes (15)

Melina Bath, Jeff Bourman, Gaelle Broad, Georgie Crozier, David Davis, Moira Deeming, Renee Heath, Wendy Lovell, Trung Luu, Bev McArthur, Joe McCracken, Nick McGowan, Evan Mulholland, Rikkie-Lee Tyrrell, Richard Welch

Noes (22)

Ryan Batchelor, John Berger, Lizzie Blandthorn, Katherine Copsey, Enver Erdogan, Jacinta Ermacora, David Ettershank, Michael Galea, Anasina Gray-Barberio, Shaun Leane, David Limbrick, Sarah Mansfield, Tom McIntosh, Rachel Payne, Aiv Puglielli, Georgie Purcell, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney

Official record: Minutes of the Proceedings Nos. 146, 147 and 148 (LC-60-148-06)

Sources

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