Commissioner of Police v Samuel Holcombe also known as April Holcombe (on behalf of Community Action for Rainbow Rights)

The case before the court involved the Commissioner of Police and Samuel Holcombe, also known as April Holcombe, on behalf of Community Action for Rainbow Rights. The dispute centred on whether the court should grant an order under section 25(1) of the Summary Offences Act 1988 (NSW) to prohibit the holding of a public assembly. The purpose of the assembly was to draw attention to legislation before the NSW Parliament. The court needed to decide if the right to free speech could be balanced against the public health risk posed by the assembly. Additionally, the court considered other available avenues for the defendant to raise concerns about the proposed legislation and whether the defendant could enforce compliance with a safety plan. The court's reasoning was that the significant risk to public health, as established by medical evidence, outweighed the right to free speech. The court concluded that other avenues were available to the defendant and that the defendant could not ensure compliance with the safety plan. Consequently, the court made an order prohibiting the holding of the assembly.